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  • Better_Days
    09-17 12:50 PM
    seems like the chairman is kinda careless just saying "the ayes have it". He must be a megatron fan.

    Man, I gave you a green just for the Megatron reference!

    By the way, wasn't it Starscream who says "The ayes have it" before dumping them out in space :)





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  • inspectorfox
    10-10 04:57 PM
    Effect of Travel While in H1B / L-1 Status and Pending I-485

    There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.

    One Entering on AP Becomes a Parolee

    It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.

    The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.

    Parolee may Work for H1B (or L-1) Employer without Valid EAD

    Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.

    One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.

    EAD is Safer / H1B Makes Extensions Possible

    As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.

    Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition

    The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.

    Similar Result if Employer Files H1B Amendment

    The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.

    Conclusion

    An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.





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  • nixstor
    03-10 05:23 PM
    We are already exploring this route. You might have seen Pappu's response on two strategies we are exploring for break down by category/country of birth for every quarter.

    Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.

    I would like to speak with this person asap to know more about the background behind this effort.





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  • red200
    01-17 12:01 PM
    What if they start screening EAD or GC guys and decide applications on the fact that at one point of time one has not maintained this rule and start denying.
    I dont think one would get any lead time to figure this out. if they(USCIS) decide to do so, Example is where the H1's were turned back at newark airport(Did they get any lead time. i dont think so)
    So the better thing is to understand first what the exact implications of this memo are and act now peace fully. atleast call ,send emails or some thing similar .



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  • engineer
    01-08 02:16 PM
    It is not creating exact link

    try this
    http://change.gov/page/content/openforquestions_20081217_private_url

    search for "Immigration"
    Scroll all the way down..

    and then click "next 10" (questions)

    you should see following

    ""Current US Immigration laws create, long delays for LEGAL, highly skilled immigrants, in getting their permanent residency. These immigrants pay their dues. When you'll address their concerns or you'lll continue to punish them for following law?"





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  • rajuseattle
    12-29 07:20 PM
    I just submit my story to the obama-biden transition team.

    IV members please visit the website link provided by IV and submit your stories to the transition team.

    Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.

    For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
    impossible to catchup the old backlog pending since 2001.



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  • fide_champ
    03-29 08:42 AM
    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

    I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

    I need to clarify a few things before i nail these blood suckers

    1. How long before i board my flight back home , should i send the documents to DOL

    2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
    or copy to send to DOL

    3. What other documents should i send alongwith

    4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

    5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


    I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

    Any advices are welcome to help me bring these guys to justice.

    did you and your employer agree on a joining date? Who's call it was to bring you into US? If you are working for a consulting company, you probably don't have agreements like this. But when you are spending your own money, I would expect you to be doubly sure that your employer wants you to be in the USA.

    You've landed straight into the pitfalls of this body shopping business unfortunately you've lost quite a bit due to this. I am not sure screwing the employer should be the top priority. All your effort at this point must go into finding a way to stay in this country. If you do not have paystubs, you could still get a H1 transfer but you may not get a new I-94. Explore all options to stay in this country legally and resurrect your career.





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  • WillIBLucky
    11-16 01:49 PM
    There is radio talk guy Sean Hannity (Convervative Republican). He is very popular for his straight and truth talk on radio. He comes in 7:60 AM on radio from 3PM to 5 PM EST.

    We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.

    For more information about him you can check http://www.hannity.com



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  • stemcell
    03-31 02:35 PM
    Will be unable to make it to DC but can contribute.

    Mar 31, 2011 09:54:34 PDT
    Transaction ID: 3PM04585EG498724V





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  • polapragada
    04-26 06:34 PM
    I like majority of others who came here on H1 with genunine intent of settling down should work toward common goal of easier GC processing and not support outsourcing idiots esp L1s who is nothing but shipping jobs overseas and making a field (eg IT) minimum wage pay. Just look around how much TCS pay .

    COmmon goal of us is easier and humane green card processing and to work towards the goal to stop blatant abuses in the form of L1 (and some H1 )

    Watch your language.. My friend.. don't throw your rotten ideas as facts

    TCS for deputed employees
    1. 60.5 K -70 K
    2. Full medical insurance (whole family) from Cigna...
    3. 401K 4%
    4. All travel and relation expenses
    5. So many...
    --> better than most desi employers

    If you think that there is abuse in L1 so in H1

    Becasue of so people like you anti-I could able to successfully devide us.

    If you think that out sourcing and sending jobs to India is utterly wrong.. so giving jobs to foreigners in US.
    You and me are here because of globalization, if we want to get PROTECTed from MORE globalization.. for sure every body will suffer, Indians (in India),L1,H1, You, me, Even Citizens.

    And if you are an Indian and going to loose job in USA because of the ptotectionizam you will end begging a job from the same Indian outsourcing companies. Watch out..



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  • apple
    10-09 10:33 PM
    Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition

    �MurthyDotCom
    The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
    �MurthyDotCom


    Similar Result if Employer Files H1B Amendment
    �MurthyDotCom
    The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.





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  • B3NKobe
    06-09 07:41 AM
    No probs mate, hope you enjoyed it!!



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  • walking_dude
    11-28 12:19 PM
    Let's also E-mail the Sponsors! If we can get the sponors to backout may be the show will be cancelled.

    Malace Solutions
    -------------------
    Larry Malace II ( President )

    248-720-2500 (Extn 105)
    E-mail : lmalace@malacehr.com

    http://www.malacehrsolutions.com/contact.html

    Franklin Bank
    ----------------

    Craig L. Johnson ,
    President & CEO of Franklin Bank
    E-mail - clj@franklinbank.com





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  • sparuthi
    09-17 01:00 PM
    They are in recess.. will HR5882 come up after lunch.. I m on west coast,. so i dont know what has already taken place.. can someone pl let us know here..thanks



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  • overseas
    11-18 10:49 AM
    I sent #7001 form in second week of October , i emailed CIS Ombudsman3-4 days back . I received this email today....

    Thank you for contacting
    the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
    Department of Homeland Security (DHS). We received your case problem on
    October 21, 2009. Your case is in the process of being assigned to an
    Immigration Law Analyst. Please allow us 14 working days to process your case
    problem

    Any thoughts....does it mean anything? anyone else with this reply?
    Thanks

    Hi ndialani,

    Did you contact ombudsman after this? Is there any progress in your case?

    I got similar reply from ombudsman but still there is no progress in my case.

    Thanks.





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  • ak27
    06-14 12:04 PM
    I am not sure whether it is name check or something else. Service rep at infopass told me background check has not come back. I have another appointment on Wed and will try to find out which part of background check is pending. Is there anything IV can help me if it happens to name check?



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  • coolman
    08-12 09:48 AM
    My parents are visiting us for 3 months.My mother is 66 and father 70.They have got complete checkup done in India and are in good health.I was looking for a fixed coverage for them just in case of any emergencies.Which one do you recommend ? Does anyone have experience using insurance and getting claims with no hassle.
    Thanks





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  • vsrinir
    09-17 01:00 PM
    I Think They Have Gone For Lunch

    STAY TUNED





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  • walker15
    09-17 12:47 PM
    Another voting going on





    sriser
    10-29 06:35 PM
    caliguy

    please send me the letter that you sent to Sec. NAPOLITANO-. my email is sriserious@gmail.com.


    As of 10:30 AM PST (Thursday), I have responsed to all requests for Sample letter, details of officer at TSC and steps to reach IO at TSC.

    If you have not received an email from me, please send me a message again. It's been almost impossible to keep up with all the requests I have received since last night.

    Any requests that I get after 10:30 AM PST, I will respond to them tonight.

    Good luck and keep the faith....





    unchew
    06-16 09:57 PM
    Wow that looks great!



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