Saturday, July 2, 2011

Images Of 911 Attack

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    03-08 07:40 AM
    AILA Leadership Has Just Posted the Following: (

    By Deborah Notkin, AILA Past President

    Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is seeking civil remedies, at least initially against those involved in immigration assistance fraud because the first goal is to get restitution for victims.

    The latest victory in the fight against immigration fraud and victimization was announced by Cuomo's office on March 1, 2010. The Attorney Generals' Office has won a court judgment of more than $3 million against a "consultant" in Queens who has targeted and defrauded immigrants. In this case, the "consultant" routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.

    As a result of Cuomo's lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.

    Over the past several months, other consultants have been shut down and active investigations continue. The fight to end this blight on immigrant communities in New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.

    More... (

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  • patiently_waiting
    01-30 09:42 AM
    andhrawala, that is not correct.

    Please check here with Ron Gotcher's Reply regarding this

    Adding spouse to AOS (

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  • OTTO
    05-13 03:17 PM
    Thanks for your reply.
    Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?

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  • f1vlad
    03-23 04:56 PM

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,


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  • pappu
    08-06 03:01 PM
    Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.

    Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
    This is a gray area and tough to get a correct advice easily.
    This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.

    I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.

    and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
    will post more on this thread as I find more info

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  • AllIzzWell
    03-08 11:19 AM

    I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.

    Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).

    My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.

    Any input/advise is appreciated.



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  • sukhwinderd
    11-15 04:00 PM
    has anyone thought about this :

    if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.

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  • redgreen
    11-17 12:01 PM
    To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.

    Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.


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  • kpkrind
    09-05 10:54 AM
    Hello All,
    Here are my case details, please help me.

    - I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
    - My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
    - My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
    - Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

    Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?

    We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
    * Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
    * Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?


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  • whitecollarslave
    01-17 10:30 PM
    I received a copy of I 485 Receipt Notice from my lawyer today. The priority date is empty in the receipt notice. Is this normal?


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  • makemygc
    07-26 11:16 AM
    this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?

    With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).

    My friends recommending me that too. I should do law instead of doing MBA. Not a bad idea.;)

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  • skmurthy
    05-28 05:10 PM
    Great! Thanks a ton for your help.


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  • traveldoc
    10-05 05:20 PM
    I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.

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  • leonimish
    04-26 08:45 PM

    I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
    If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.

    I have not yet filed GC yet though.

    Hope this helps.....


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  • martinvisalaw
    06-15 05:07 PM
    I hope this helps

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  • onemorecame
    01-02 10:46 AM
    H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.


    I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485

    Please let me know why second time its happen and what is PIMS?


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  • pd_recapturing
    06-28 09:31 AM
    A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
    Do you know as to why it got denied ?

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  • dilbert_cal
    01-13 09:43 PM
    Hi ,

    I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.

    Thanks a lot,

    stanford & berkeley does --check their websites for open faculty positions

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  • anna20
    02-05 06:47 PM
    Thanks amitjoey .

    I140 is already approved Was just waiting for 180 days to finish . So in this time of recession waiting for employer to find a project(corp to corp) or should i accept the offer and wait till i get the EAD to start work .

    01-20 07:07 PM
    I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.

    03-29 06:27 PM

    we are take a cruise to Alaska this summer, on our way back the ship docks in Victoria, British Columbia for a day.

    I am currently on AP, which I plan to use for re-entry into the US. Haven't renewed my H1 visa.

    I understand that I need to apply for a Canadian Visitor's Visa.

    there are a list of documents that I need to send to the consulate, including my passport and US Visa documents (ofcourse). Since my H1 visa is no longer valid, I was wondering if I need to send my AP document (or would a copy be sufficient)?? Do i need to prepare a separate application with supporting documents for my wife, or can I just include her in my application?

    All this seems like to much of a hassle :mad:, considering that it's just a few hours in Canada itself, not to mention it's going to put me back by a couple of hundred $$ atleast.

    Thanks in advance.

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