Sunday, June 12, 2011

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  • logiclife
    01-05 12:01 PM
    We are now at 8000 members exactly, as of 1:00 EST January 5th.





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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"





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  • waiting4gc42long
    08-11 01:14 AM
    retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..

    I would say file it together.. thats the best..

    He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.





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  • sac-r-ten
    01-07 11:46 AM
    Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
    NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.

    Just my thoughts.All the best.



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  • amitjoey
    06-26 04:19 PM
    Who is paying for IV? to continue work and lobby. Are You?





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  • aj_jadeja
    09-20 04:25 PM
    the link wouldn't have helped ya
    coz the link would also show the same date.
    Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
    so decided not to travel:(

    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

    cheers



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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.





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  • GCHope2011
    08-10 08:20 AM
    alright..I came back without any problem.

    Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
    he checked something in the system and asked me to go inside..

    Took baggage..went into customs...where they sent me into another room.

    CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.

    Thats it.
    Welcome back and thanks for posting the conclusion of the thread.

    Hope all is well on home front.



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  • stones
    06-30 11:31 PM
    have you been employed by Company B? If so, for what dates do you have paystubs?

    I have paystubs from November, 2008 to June, 2009





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  • sriteam
    07-06 12:02 PM
    Taking a cue from above........

    Why did Washington Post not cover a very important issue that effects Legal Immigrants when DOS & USCIS Slammed their Doors ,on July 2 2007, in an unprecedented/unlawful manner that resulted in millions of dollars wasted and dreams shattered of lawfully present Highly Skilled Immigrants.

    Links for further research below

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://www.nytimes.com/2007/07/06/us/06visa.html?hp
    http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
    http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg


    Thanks



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  • deardude
    10-12 02:49 PM
    My case got transfered from NSC-CSC-NSC. Got receipts on 09/06/07. No FP notice yet.

    Any one heard about any such cases getting FP notices?





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  • brasil
    07-29 07:20 PM
    I’m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" without photo on it. This "document" is only valid in SC. This means that I cannot travel outside SC and May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?



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  • Macaca
    02-08 09:53 AM
    What is the motivation for Microsft/Intel to lobby for H1 quota increase if they can use L1? Is L1B quota also getting used? thanks.





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  • eb3retro
    08-21 05:46 PM
    This is great - thank you!

    I'll be traveling to/from SFO. Have the new AP Receipt Notice.

    jazz


    all the best jazz..



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  • neogator
    02-15 03:36 PM
    Inter-State( Country ) marriages would be on the rise !! :)





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  • TheOmbudsman
    09-01 04:16 PM
    My favorites are "The Bee" and Learning01.

    me too. I am a big fan of bee, logiclife, sunjoshi.



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  • Humhongekamyab
    09-25 02:14 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.

    Do you mind sharing the name of your lawyer?





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  • pitha
    02-15 01:47 PM
    I am not sure if that is true anymore. Recently US has announced that even US citizens returning from CANADA need to have there passport with them for entering into US. Earlier all they needed was a drivers license. When the US is tightening entry requirements for US citizens I am not sure automatic visa revalidation is still possible. Better follow up on it before going to Canada.


    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G





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  • eb2_immigrant
    04-28 06:32 PM
    I truly believe India IS a developed country.


    Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day





    JunRN
    08-20 09:17 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.





    chanduv23
    07-11 12:31 PM
    Bump



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