Saturday, July 2, 2011

Brad Pitt Oceans

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    04-06 10:50 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.

    Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.

    The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.

    For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf

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  • Ann Ruben
    04-23 06:39 PM
    This depends on the quid pro quo for the equity shares. Are they being given to you in exchange for a passive capital investment in the company or as compensation for work you have performed or are performing?

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  • tnite
    09-11 09:26 AM
    There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
    RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.

    What could be the RFE for her AP, other than photo? Any clues?
    Are the GC numbers available for EB-2 India for new approvals?

    I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.

    We had LUD's on I485 on 09/5 and I (dependant) had a RFE issued on 09/05.
    RFE on AP has nothing to do with I485. As people have mentioned I think USCIS maybe holding off on approving EB2 I/C apps.
    Whats your PD/RD/ND/Service center?

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  • unbreakable
    06-03 01:32 AM
    Sorry, I didn't know the bill was dead. Thanks for correcting.


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  • uma001
    04-26 10:16 AM
    I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
    Even after getting the receipt on 30th November , i was never sent on project neither paid .
    I waited till 31st December and left the country on 1st Jan 2010.

    What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
    What is the duration period i could get the salary ?

    Please let me know the process to get my pending salary if i am entitled to get any

    Are you trying to come back. Why didnt you try to get back the salary when you were in US?

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  • dealsnet
    11-23 10:19 PM
    Sorry to hear about your husband's departure from this world.
    He was an active member of IV and contributed to it.
    I know now you are using his id.
    Please share some info about his death. What happen to him?
    Is it an accident or he got sick ?
    We are praying for you and your kid.


    My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.

    My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
    1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
    2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?

    I appreciate for any response!


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  • dupedinjuly
    07-23 03:37 PM
    That applies for you primary I-485 applicant. For derrivative applicant your spouse, she can use EAD for any job description. It need not match her job description.

    Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.

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  • amoschid
    07-18 04:04 PM
    i think this thread will give you an insight about how it works:



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  • for_gc
    05-06 03:23 PM
    Also add Project Manager/Project Lead as well.

    My company filed my labour for PM/PL but job classification code is that of SE (Occ. Code 030.062.010)

    I guess any kind of lead activity involves some kind of co-ordination/planning anyways of subordinate SE's.

    I have also seen PM labours under some different occ. code.'s as well something like Technical Manager

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  • Chiwere
    12-19 04:25 PM
    I am actually looking to sell mine - prospects of a layoff and not even 140 in sight.
    if not sell foreclosure++;


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  • ImmiUser
    11-26 07:25 PM
    Please call USCIS or better yet, take an infopass appointment.

    I can not take infopass appointment as I don't have receipt number. Alos, I called up USCIS and they informed me that it is taking longer time for entry and so far they don't see my EAD and AP entries in their system. Although they have received I-485 which was sent along EAD/AP. I just wondering if anyone come across similar sitaution, also does it make sense to file EAD/AP again without any further waiting ?

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  • miguy
    08-27 10:12 PM
    bump....603 views and only 3 replies:confused:


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  • muhamm5
    02-05 10:54 PM
    I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
    Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
    By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
    . help will be appreciated

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  • validIV
    03-05 05:10 PM
    I have a similar situation and I just asked these questions from my lawyer so I can answer somewhat. Either case, someone will correct me if I am wrong.

    1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
    Not until your PD is current or close to being current. Does she have an approved LC and I-1140, pending 485 (concurrent filing)? If she does u may have some advantages like cross-chargeability etc.

    2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
    Doesnt matter as long as you maintain either H1-B or AOS(pending I-485)


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  • veda
    07-25 02:31 PM
    I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.

    In other words if I go an take Info pass today when can I get the erliest scheduled date?.


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  • vijaysammeta
    03-21 09:09 AM
    How did you get to the confirmation page without the photograph being uploaded. I cannot seem to get past the photopage and it keeps throwing an application error. Which website are you using to fill in teh DS160? Thanks for a response.


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  • Aura M.
    01-14 04:07 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.

    I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...

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  • rajeevkaza
    04-09 12:40 PM
    If your 140 is approved and you are applying for extension you will get 3yrs extension for your H1B if not you get only 1yr extension. So wait for one more month from now to see if you get ur 140 cleared. Pls provide more details when n where did u apply ur 140 for us to give u better suggestion, but yes you can apply H1B extension based on ur pending 140 petetion.

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  • roseball
    11-12 01:34 AM
    The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....

    08-16 08:03 PM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada ( because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision ( and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

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