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05-03 08:40 AM
San Diego Restaurant, The French Gourmet Inc., indicted recently for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. is the case, and you can read it here:
French gourmet compalint (http://www.slideshare.net/usvisalaw/french-gourmet-compalint)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.
We keep reminding employers to ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:
* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
* Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
* A tickler system for I-9s that require reverification;
* I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
* Regularly scheduled in-house I-9 audits.
Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.
More... (http://www.visalawyerblog.com/2010/04/district_court_indicts_san_die.html)
French gourmet compalint (http://www.slideshare.net/usvisalaw/french-gourmet-compalint)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.
We keep reminding employers to ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:
* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
* Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
* A tickler system for I-9s that require reverification;
* I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
* Regularly scheduled in-house I-9 audits.
Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.
More... (http://www.visalawyerblog.com/2010/04/district_court_indicts_san_die.html)
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gcformeornot
08-08 09:32 AM
If one changes to a new employer after 180 days,
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
for 6 months. and W2 if applicable.
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
for 6 months. and W2 if applicable.
redgreen
08-27 09:56 PM
sure you lost it. what will you do?? you are doomed. and start a thread in all the websites. uscis and usps may work faster.
Dear Friends,
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
Dear Friends,
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
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nb_des
09-15 10:54 AM
Attorneys sometimes do not provide case number because they do not want you to be calling BEC for to inquire your case. Try convincing your employer you will use it only for online status check and hopefully they will give it to you.
All the best.
All the best.
more...
number30
11-06 01:55 AM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
What will they ask me in port of entry?
Thanks
You will show your stamping from old Company and H1 approval from the new company. POE will issue you a I-94 with expiry date from the New company H1 approval.
But if you are travelling with spouse on the H4 he/she will get I-94 according to his/her passport stamping. So may have renew earlier then you.
What will they ask me in port of entry?
Thanks
You will show your stamping from old Company and H1 approval from the new company. POE will issue you a I-94 with expiry date from the New company H1 approval.
But if you are travelling with spouse on the H4 he/she will get I-94 according to his/her passport stamping. So may have renew earlier then you.
leonqiu
03-06 01:39 PM
sorry, i forget to add, i am on i-485 waiting list, and have passed 180 days
more...
pthoko
07-13 12:04 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
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sagar_nyc
04-28 05:39 PM
I am getting this error for last two days
"Multiple duplicate SRs already exist for the customer" i tried creating different account also . any thoughts???
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
"Multiple duplicate SRs already exist for the customer" i tried creating different account also . any thoughts???
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
more...
JunRN
08-10 06:34 PM
I am waiting too...it may come on Monday instead and so is the 'U' in the Visa Bulletin.
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greencard_fever
07-31 05:45 PM
Can you tell us where that thread is?
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
more...
va_dude
10-05 05:49 PM
I agree with the other post.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
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asiulek
09-12 07:33 PM
I did work on J1 part time 19 hours a week on campus while I was a student but I did not mention it.
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
more...
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mjdup
07-26 11:34 AM
One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,
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shsharma_2000
02-08 12:39 PM
I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
more...
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vishnoiravi
09-08 05:24 AM
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
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golgappa
11-17 04:59 PM
talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
more...
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wikipedia_fan
04-09 03:47 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
140 can be denied for various reasons. These days, 140 is getting denied for Ability to pay or educational qualifications and job description mismatch and so many other things.
Unless you get the letter in hand, you may not be able to know the reason for denial. 140 denial goes to employer and Attorney. So contact them and they will know.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
140 can be denied for various reasons. These days, 140 is getting denied for Ability to pay or educational qualifications and job description mismatch and so many other things.
Unless you get the letter in hand, you may not be able to know the reason for denial. 140 denial goes to employer and Attorney. So contact them and they will know.
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cooler
06-02 03:36 PM
Hello all,
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
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breddy2000
07-12 10:48 PM
Hi,
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
rajmehrotra
10-19 09:46 AM
one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
gcwait2007
10-14 10:27 AM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
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