beppenyc
03-20 08:15 PM
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=
Q Okay. My question is, since 9/11, one of the key things that we need
is immigration reform, including comprehensive immigration reform that is
right now in front of Senator Specter's committee in the Judiciary. There are
two principles I'm hoping that you would support: One, the good people, the
engineers, the PhDs, the doctors, the nurses, the people in the system who
have followed the rules, will go to the head of the line in any form of
immigration reform. That's Title IVz of the bill.
Secondly, the illegals who have not followed the rules -- I understand the
debate, I appreciate your statements about immigration reform, but isn't it
better that we know who they are, have them finger-printed and photographed,
and allow some form of 245I to come back so --
THE PRESIDENT: Tell people what that is. Tell people what 245I is.
Q Okay -- 245I is a partial amnesty program that expired back in 2001,
in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
a small segment of the illegal population where they would pay the $1,000 fine
and, for example, coming in illegally, then marrying an American citizen,
could somehow legalize their status.
THE PRESIDENT: Okay. Let me give you some broad principles on
immigration reform as I see them. First of all, we do need to know who's
coming into our country and whether they're coming in illegally, or not
legally -- legally or not legally -- and whether they're coming in or going
out. And part of reforms after September the 11th was a better system of
finding out who's coming here.
Secondly, we have a big border between Texas and Mexico that's really hard
to enforce. We got to do everything we can to enforce the border,
particularly in the south. I mean, it's the place where people are pouring
across in order to find work. We have a situation in our own neighborhood
where there are way -- disparities are huge, and there are jobs in America
that people won't do. That's just a fact. I met an onion grower today at the
airport when I arrived, and he said, you got to help me find people that will
grow onions -- pluck them, or whatever you do with them, you know.
(Laughter.) There are jobs that just simply aren't getting done because
Americans won't do them. And yet, if you're making 50 cents an hour in
Mexico, and you can make a lot more in America, and you got mouths to feed,
you're going to come and try to find the work. It's a big border, of which --
across which people are coming to provide a living for their families.
Step one of any immigration policy is to enforce our border in practical
ways. We are spending additional resources to be able to use different
detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
way, expand the number of agents on the border, to make sure we're getting
them the tools necessary to stop people from coming across in the first place.
Secondly, part of the issue we've had in the past is we've had -- for lack
of a better word -- catch and release; the Border Patrol would find people
sneaking in; they would then hold them for a period of time; they'd say, come
back and check in with us 45 days later, and then they wouldn't check in 45
days later. And they would disappear in society to do the work that some
Americans will not do.
And so we're changing catch and release. We're particularly focusing on
those from Central America who are coming across Mexico's southern border,
ending up in our own -- it's a long answer, but it's an important question:
How do we protect our borders, and at the same time, be a humane society?
Anyway, step one, focus on enforcing border; when we find people, send
them home, so that the work of our Border Patrol is productive work.
Secondly, it seems like to me that part of having a border security
program is to say to people who are hiring people here illegally, we're going
to hold you to account. The problem is our employers don't know whether
they're hiring people illegally because there's a whole forgery industry
around people being smuggled into the United States. There's a smuggling
industry and a forgery industry. And it's hard to ask our employers, the
onion guy out there, whether or not he's got -- whether or not the documents
that he's being shown that look real are real.
And so here's a better proposal than what we're doing today, which is to
say, if you're going to come to do a job an American won't do, you ought to be
given a foolproof card that says you can come for a limited period of time and
do work in a job an American won't do. That's border security because it
means that people will be willing to come in legally with a card to do work on
a limited basis, and then go home. And so the agents won't be chasing people
being smuggled in 18-wheelers or across the Arizona desert. They'll be able
to focus on drugs and terrorists and guns.
The fundamental question that he is referring to is, what do we do about -
- there's two questions -- one, should we have amnesty? And the answer, in my
judgment, is, no, we shouldn't have amnesty. In my judgment, granting
amnesty, automatic citizenship -- that's what amnesty means -- would cause
another 11 million people, or however many are here, to come in the hopes of
becoming a United States citizen. We shouldn't have amnesty. We ought to
have a program that says, you get in line like everybody else gets in line;
and that if the Congress feels like there needs to be higher quotas on certain
nationalities, raise the quotas. But don't let people get in front of the
line for somebody who has been playing by the rules. (Applause.)
And so, anyway, that's my ideas on good immigration policy. Obviously,
there's going to be some questions we have to answer: What about the person
who's been here since 1987 -- '86 was the last attempt at coming up with
immigration reform -- been here for a long period of time. They've raised a
family here. And my only advice for the Congress and for people in the debate
is understand what made America. We're a land of immigrants. This guy is
from Hungary, you know. (Applause.) And we got to treat people fairly.
We've got to have a system of law that is respectful for people.
I mean, the idea of having a program that causes people to get stuck in
the back of 18-wheelers, to risk their lives to sneak into America to do work
that some people won't do is just not American, in my judgment. And so I
would hope the debate would be civil and uphold the honor of this country.
And remember, we've been through these periods before, where the immigration
debate can get harsh. And it should not be harsh. And I hope -- my call for
people is to be rational about the debate and thoughtful about what words can
mean during this debate.
Final question, sir. You're paying me a lot of money and I got to go back
to work. (Laughter.)
PS I did not know about the story of I-245 on 9/11....
Q Okay. My question is, since 9/11, one of the key things that we need
is immigration reform, including comprehensive immigration reform that is
right now in front of Senator Specter's committee in the Judiciary. There are
two principles I'm hoping that you would support: One, the good people, the
engineers, the PhDs, the doctors, the nurses, the people in the system who
have followed the rules, will go to the head of the line in any form of
immigration reform. That's Title IVz of the bill.
Secondly, the illegals who have not followed the rules -- I understand the
debate, I appreciate your statements about immigration reform, but isn't it
better that we know who they are, have them finger-printed and photographed,
and allow some form of 245I to come back so --
THE PRESIDENT: Tell people what that is. Tell people what 245I is.
Q Okay -- 245I is a partial amnesty program that expired back in 2001,
in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
a small segment of the illegal population where they would pay the $1,000 fine
and, for example, coming in illegally, then marrying an American citizen,
could somehow legalize their status.
THE PRESIDENT: Okay. Let me give you some broad principles on
immigration reform as I see them. First of all, we do need to know who's
coming into our country and whether they're coming in illegally, or not
legally -- legally or not legally -- and whether they're coming in or going
out. And part of reforms after September the 11th was a better system of
finding out who's coming here.
Secondly, we have a big border between Texas and Mexico that's really hard
to enforce. We got to do everything we can to enforce the border,
particularly in the south. I mean, it's the place where people are pouring
across in order to find work. We have a situation in our own neighborhood
where there are way -- disparities are huge, and there are jobs in America
that people won't do. That's just a fact. I met an onion grower today at the
airport when I arrived, and he said, you got to help me find people that will
grow onions -- pluck them, or whatever you do with them, you know.
(Laughter.) There are jobs that just simply aren't getting done because
Americans won't do them. And yet, if you're making 50 cents an hour in
Mexico, and you can make a lot more in America, and you got mouths to feed,
you're going to come and try to find the work. It's a big border, of which --
across which people are coming to provide a living for their families.
Step one of any immigration policy is to enforce our border in practical
ways. We are spending additional resources to be able to use different
detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
way, expand the number of agents on the border, to make sure we're getting
them the tools necessary to stop people from coming across in the first place.
Secondly, part of the issue we've had in the past is we've had -- for lack
of a better word -- catch and release; the Border Patrol would find people
sneaking in; they would then hold them for a period of time; they'd say, come
back and check in with us 45 days later, and then they wouldn't check in 45
days later. And they would disappear in society to do the work that some
Americans will not do.
And so we're changing catch and release. We're particularly focusing on
those from Central America who are coming across Mexico's southern border,
ending up in our own -- it's a long answer, but it's an important question:
How do we protect our borders, and at the same time, be a humane society?
Anyway, step one, focus on enforcing border; when we find people, send
them home, so that the work of our Border Patrol is productive work.
Secondly, it seems like to me that part of having a border security
program is to say to people who are hiring people here illegally, we're going
to hold you to account. The problem is our employers don't know whether
they're hiring people illegally because there's a whole forgery industry
around people being smuggled into the United States. There's a smuggling
industry and a forgery industry. And it's hard to ask our employers, the
onion guy out there, whether or not he's got -- whether or not the documents
that he's being shown that look real are real.
And so here's a better proposal than what we're doing today, which is to
say, if you're going to come to do a job an American won't do, you ought to be
given a foolproof card that says you can come for a limited period of time and
do work in a job an American won't do. That's border security because it
means that people will be willing to come in legally with a card to do work on
a limited basis, and then go home. And so the agents won't be chasing people
being smuggled in 18-wheelers or across the Arizona desert. They'll be able
to focus on drugs and terrorists and guns.
The fundamental question that he is referring to is, what do we do about -
- there's two questions -- one, should we have amnesty? And the answer, in my
judgment, is, no, we shouldn't have amnesty. In my judgment, granting
amnesty, automatic citizenship -- that's what amnesty means -- would cause
another 11 million people, or however many are here, to come in the hopes of
becoming a United States citizen. We shouldn't have amnesty. We ought to
have a program that says, you get in line like everybody else gets in line;
and that if the Congress feels like there needs to be higher quotas on certain
nationalities, raise the quotas. But don't let people get in front of the
line for somebody who has been playing by the rules. (Applause.)
And so, anyway, that's my ideas on good immigration policy. Obviously,
there's going to be some questions we have to answer: What about the person
who's been here since 1987 -- '86 was the last attempt at coming up with
immigration reform -- been here for a long period of time. They've raised a
family here. And my only advice for the Congress and for people in the debate
is understand what made America. We're a land of immigrants. This guy is
from Hungary, you know. (Applause.) And we got to treat people fairly.
We've got to have a system of law that is respectful for people.
I mean, the idea of having a program that causes people to get stuck in
the back of 18-wheelers, to risk their lives to sneak into America to do work
that some people won't do is just not American, in my judgment. And so I
would hope the debate would be civil and uphold the honor of this country.
And remember, we've been through these periods before, where the immigration
debate can get harsh. And it should not be harsh. And I hope -- my call for
people is to be rational about the debate and thoughtful about what words can
mean during this debate.
Final question, sir. You're paying me a lot of money and I got to go back
to work. (Laughter.)
PS I did not know about the story of I-245 on 9/11....
wallpaper quotes about rumors and drama
bhavscreen
10-22 05:19 PM
All we can do id hope...
vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
2011 quotes about rumors and drama. quotes about rumors and drama
sss9i
08-09 11:35 AM
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
more...
uma001
11-05 11:48 AM
For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.
Thanks Kumar
Thanks Kumar
surabhi
08-11 10:39 AM
Hi
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
more...
punjabi
07-18 06:17 PM
Sorry man!
I would say, may be your attorney is not telling you the details. USCIS never relays the decision without the explanation, as far as I know.
May be your attorney did some silly mistake. He got denial from USCIS with the explanation and he is not revealing it!
I have not seen USCIS denying any case without explanation. Try to do a little investigation on this.
Good Luck!
I would say, may be your attorney is not telling you the details. USCIS never relays the decision without the explanation, as far as I know.
May be your attorney did some silly mistake. He got denial from USCIS with the explanation and he is not revealing it!
I have not seen USCIS denying any case without explanation. Try to do a little investigation on this.
Good Luck!
2010 quotes about rumors and drama. quotes about rumors and drama
gc28262
07-16 07:30 AM
Murthy Bulletin
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010
MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)
Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.
Background of Denial of Entry to the U.S. in January 2010
The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.
Travel Outside of the United States
The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.
CBP Checks on Returning H1B Workers
When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.
The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.
Removed H1B Worker Contacts Murthy to Take Action
The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.
New H1B Petition Approval
While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.
Murthy Takes Action to Reverse Earlier CBP Decision
The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.
Determined Follow-up Leads to Relief
The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.
Conclusion
We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010
MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)
Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.
Background of Denial of Entry to the U.S. in January 2010
The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.
Travel Outside of the United States
The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.
CBP Checks on Returning H1B Workers
When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.
The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.
Removed H1B Worker Contacts Murthy to Take Action
The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.
New H1B Petition Approval
While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.
Murthy Takes Action to Reverse Earlier CBP Decision
The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.
Determined Follow-up Leads to Relief
The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.
Conclusion
We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
more...
InTheMoment
02-15 11:48 AM
Yes, it does apply to nationals from India.
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Libra
08-09 11:26 PM
This organization and this forum is running on contributions but why you guys want to use this forum but not interested in contributing, if you need just info there are so many other attorney forums where you can go and get the info. but when you are here in IV, i'll ask to contribute on any thread:D you guys dont even bother to look into action items and contribution thread. so i have to go to each and every thread and request people
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
more...
vikki76
02-23 01:06 PM
Agree with GC_Dream.This thread should be used as contribution drive.
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amar123
07-28 01:09 PM
Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?
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ssingh92
01-08 11:57 AM
"same geographical area" what does it mean. In US or in the same State or the 200 mile radius from your company head qtr. You need to contact a good attorney.
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needlotsofluck
08-13 09:30 PM
Hi,
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
It says on FAQ3:
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.
Please read the whole answer.
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
It says on FAQ3:
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.
Please read the whole answer.
more...
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s416504
05-20 01:06 PM
I think NID is looking reply from the guy who has finished bachlor from Diploma in Engg. If some one/your friends has gone through this path. please send your reply. That will help for whole community also.
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bbenhill
10-06 05:09 PM
^^^^
Bump ..
Bump ..
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desimass77
05-11 01:30 PM
Hi,
I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.
The FAO people only know about GC or Citizen. You will have to talk to the
School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.
Hope this helps.
If you need more info, PM me.
Good Luck.
I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.
The FAO people only know about GC or Citizen. You will have to talk to the
School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.
Hope this helps.
If you need more info, PM me.
Good Luck.
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whitecollarslave
02-12 12:28 AM
As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.
Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.
We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.
Here are some suggestions for short messages -
I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.
I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.
I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.
Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.
We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.
Here are some suggestions for short messages -
I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.
I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.
I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.
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Jaime
06-08 09:36 PM
The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"
http://news.bbc.co.uk/2/hi/business/8086392.stm
http://news.bbc.co.uk/2/hi/business/8086392.stm
indianindian2006
07-26 11:54 AM
My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.
yingli
08-27 01:42 PM
Thank you, Googler for the very useful links on how to respond to the government's motion to dismiss. Thanks to brb2 for your posts!
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
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