Blog Feeds
05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
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Leo07
06-09 01:50 PM
Any attorneys opinion? or people who were in similar situation?
remember, it's not my entire company being sold to another company. Only a fraction of company( a division) is being sold along with the assets( people,stuff etc).
remember, it's not my entire company being sold to another company. Only a fraction of company( a division) is being sold along with the assets( people,stuff etc).
Blog Feeds
06-08 07:50 AM
IV Advocacy Days Blog: http://advocacydays.blogspot.com/ Has Just Posted the Following:
http://www.southasiamail.com/news.php?id=70097https://blogger.googleusercontent.com/tracker/6606610335683210036-4810528034722020267?l=advocacydays.blogspot.com
More... (http://advocacydays.blogspot.com/2010/06/iv-news.html)
http://www.southasiamail.com/news.php?id=70097https://blogger.googleusercontent.com/tracker/6606610335683210036-4810528034722020267?l=advocacydays.blogspot.com
More... (http://advocacydays.blogspot.com/2010/06/iv-news.html)
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parablergh
09-09 02:38 PM
As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.
The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.
You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.
The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.
You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.
more...
El Hacko
June 12th, 2006, 10:20 PM
I agree with Jliechty...Colorful photo Antoine but less bokeh and focus for all the berries in this one make it a winner. Got to say, the lighting and colors look great!
NikNikon
March 24th, 2007, 12:09 AM
Can you customize you order? If so check into the 18-200mm VR, I like mine. Also my Digital Camera Shopper I'm looking at right now has a review that sums it by saying "it's quite possibly the only lens you'd ever need".
more...
fair_law
08-06 10:43 PM
I have my green card interview end of this month in Indianapolis. Not sure why I was called for interview at this time as I have a EB3 India case with a PD of June 2007. I am a july 2007 filer. I was wondering if someone can recommend me a good immigration lawyer around Indianapolis to accompany us for the interview.
I recently used my EAD and moved to Indianapolis. Not sure if that triggered the interview. Any genuine help would be appreciated.
I recently used my EAD and moved to Indianapolis. Not sure if that triggered the interview. Any genuine help would be appreciated.
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when
02-29 12:41 PM
Folks,
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
more...
return_to_india
12-22 08:09 PM
They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
more...
loudobbs
08-02 04:38 PM
Hi Folks
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
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us_employee
08-24 09:25 PM
Thanks Wandmaker, I think thats true based on my knowledge too. Attorneys, can you please confirm about the same. I really appreciate.
Thanks in advance
Thanks in advance
more...
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hope4gc
04-02 08:08 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
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jnkme
10-12 09:54 PM
Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
more...
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martinvisalaw
07-30 01:13 PM
What new regulations are you referring to?
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nk2006
05-12 01:57 PM
This really seems moving now. This may be the best time for the CIR to get passed in Senate. Conference may be different ball game but right now momentum is picking up and we (IV) has to do one last effort for our amendments.
Bush administration seems finally pushing hard on CIR:
http://www.cbsnews.com/stories/2006/05/12/politics/main1614242.shtml
In NY Times:
http://www.nytimes.com/2006/05/12/washington/12cnd-immig.html?hp&ex=1147492800&en=74b688ab8c164a63&ei=5094&partner=homepage
Bush administration seems finally pushing hard on CIR:
http://www.cbsnews.com/stories/2006/05/12/politics/main1614242.shtml
In NY Times:
http://www.nytimes.com/2006/05/12/washington/12cnd-immig.html?hp&ex=1147492800&en=74b688ab8c164a63&ei=5094&partner=homepage
more...
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shishya
11-16 11:43 PM
Folks,
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
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roseball
08-29 10:29 AM
I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
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nk2006
03-02 04:17 PM
Hi,
I hope most of our members are writing/meeting their congressmen regarding our issues (thru state chapters etc.). Since CIR is about to be discussed in the Senate is it worthwhile to send a petition to all judiciary committee members? Maybe we can use one of those onlinepetition websites and encourage all members to virutal sign it. A petiton with a large number of signature might have a favorable response rather than an individual writing to a local congressman (I always get a standard one page response even though I change text and highlight one aspect of our issues). What is your opinion on this exercize - is it useful?
Ofcourse meeting the lawmakers thru state chapter is the best and members can continue to do that. The above is a complimentary action (and which need members to sign a petition).
- nk2006
I hope most of our members are writing/meeting their congressmen regarding our issues (thru state chapters etc.). Since CIR is about to be discussed in the Senate is it worthwhile to send a petition to all judiciary committee members? Maybe we can use one of those onlinepetition websites and encourage all members to virutal sign it. A petiton with a large number of signature might have a favorable response rather than an individual writing to a local congressman (I always get a standard one page response even though I change text and highlight one aspect of our issues). What is your opinion on this exercize - is it useful?
Ofcourse meeting the lawmakers thru state chapter is the best and members can continue to do that. The above is a complimentary action (and which need members to sign a petition).
- nk2006
pani_6
08-21 07:36 PM
For those of you who have rotted in the BEC and USCIS..for many years..that has eventually denied you from being a citizen sooner..there are some posts in immigration.com I saw that talks about some kind of a campign to capture lost time...most of you will get GC soon..if you have wasted time..please look at a new campaign to recapture the lost time towards your citizenship
:)
:)
jnraajan
04-11 02:22 PM
^^^^^^^^^