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02-08 09:10 AM
A rather alarming report, detailed in the Los Angeles Times (http://immigrationvoice.org/www.latimes.com/news/local/la-me-customs-audit-20101228,0,2191445.story), shows that new travel restrictions requiring passports for American citizens to reenter the country are not being enforced.
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
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Mogus
09-28 09:50 AM
Thank you very much for all your comments...This information is very helpful for me.:)
pibeeneri
12-20 05:44 PM
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satishbsk
10-26 12:47 AM
Hi!
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.
Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.
Within what time line i need to apply for the same.
Thanks,
SV
If you need to switch employer you should be on valid H1 status with SSN and have paystubs from current employer for safe side.
Pl consult good immi lawyer for best advice/lawyer of new employer.
Satish
$360 Contributed sofar
SoCal
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.
Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.
Within what time line i need to apply for the same.
Thanks,
SV
If you need to switch employer you should be on valid H1 status with SSN and have paystubs from current employer for safe side.
Pl consult good immi lawyer for best advice/lawyer of new employer.
Satish
$360 Contributed sofar
SoCal
more...
vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
virginia_desi
10-24 06:25 AM
Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.
more...
msyedy
01-09 02:35 PM
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
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go_guy123
01-21 11:47 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
more...
msgrewal81
08-30 09:11 PM
What a mean approach....what about people who have yet to apply EB3...guys when are we start supporting future EB appliers as illegals from mexico vote for candidates who support legalization of illegals..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
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franklin
06-26 10:22 AM
That is not entirely true. Websites like Indymedia are NOT the same as the Fox News Network. This organization is the new equivalent of MoveOn.org.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
more...
Leo07
06-08 08:12 PM
Hello There,
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
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yagw
08-17 10:55 AM
My PD is Nov 24th 2005. EB2- India. Filed @NSC
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!
more...
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smccrea
03-01 03:04 PM
Is an employee who resigns entitled to relocation expenses like the employee who is laid off?
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waitin_toolong
07-30 04:19 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
you dont need to do anything. they can track the changes based on I-94 sent for transfer.
In fact if you id COS to H4 then that too would have been okay.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
you dont need to do anything. they can track the changes based on I-94 sent for transfer.
In fact if you id COS to H4 then that too would have been okay.
more...
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cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
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thesparky007
04-22 09:39 PM
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485_spouse
07-09 01:08 PM
Hello everyone, i have a good news to share that i just checked my case and it shows "Card production ordered". I guess it means my 485 has been approved.
Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!
Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.
As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.
I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.
Thanks once again for all you guys help, and inputs. Great!
Your lawyer is right. I was in the same situation. For employement based GCs you can file dependents case upto 180 days from approval. Check law 245(K)
Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!
Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.
As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.
I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.
Thanks once again for all you guys help, and inputs. Great!
Your lawyer is right. I was in the same situation. For employement based GCs you can file dependents case upto 180 days from approval. Check law 245(K)
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Munshi75
06-05 05:55 PM
I live in New jersey and send my EAD renewal to Nebraska based on my I-485. When i read the instructions, I found out that the application has to go to Texas based to the state where i am in now.
I would appreciate if anyone had same experience and share it with us.
Thank you
I would appreciate if anyone had same experience and share it with us.
Thank you
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sivasankar_eppe
08-23 02:34 PM
Last year i filled AR-11 manually and mailed with 39 cents to USCIS . Even though My Approval papers went to old address and then went back to USCIS. Later on I called them and gave the new Address then only they sent again to New Address . I don't think USCIS will see our AR-11 forms .
I don't know abt online AR-11 Form , it came recently .
I don't know abt online AR-11 Form , it came recently .
wandmaker
09-15 03:52 PM
hello,
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
chanduv23
10-20 09:10 PM
Folks!
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
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