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04-15 01:07 PM
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03-13 04:31 PM
03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties

Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``?1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.

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09-10 09:43 AM
There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.

Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.

The other option is take 3 or 4 months off (out of country) and recapture if necessary.

Good Luck.

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02-08 11:49 AM
In a move that could ruffle a few feathers in the Barack Obama administration, American entertainment giant Warner Bros has said it will be outsourcing jobs to India.

It is believed that about 200 positions are to be outsourced to India and Poland by Warner Bros, which will slash as many as ten per cent of its 8,000-strong workforce in the coming days.

"While no final decision have been made internationally, the company expects the layoffs, elimination of open positions and outsourcing to affect nearly 800 positions worldwide, or approximately ten per cent of its 8,000 employees," a Warner Bros official told PTI in an e-mailed statement.

About 200 open positions and 300 outsourced jobs would be affected as part of the reduction, while another 300 employees would be laid off, the official said, adding that jobs would be outsourced to India.

While the spokesperson declined to comment on exact number of jobs being moved to India, the sources said that about 300 positions are being outsourced, out of which about 200 would go to India and Poland.

Open positions are referred to those, which are currently vacant, and for which, the company was hiring.

In January, Warner Bros' Chairman and Chief Executive Barry Meyer along with president and chief operating officer Alan Horn had said the company would be reducing its staff strength.

"We have examined every aspect of our business in order to cut costs responsibly and to keep staff reductions to a minimum.

One way to achieve these objectives is to outsource certain job functions to a third-party company," Meyer and Horn wrote in an e-mail to employees on January 20.

It noted that even though the decision to cut the workforce was "very difficult" to make, the move reflects changes necessary for stability and growth going forward.

"We are very sad to announce that based on the global economic situation and current business forecasts, the studio will have to make staff reductions in the coming weeks in order to control costs," the e-mail said.

Meyers and Horn wrote in the e-mail that the changing entertainment business landscape, shifting consumer demand and the overall state of the economy have affected companies around the world, and "Warner Bros is not immune to these factors".


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05-19 12:37 PM
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07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending

1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods

2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]

As 6 years are going to be expired?

3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible

4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.

Note that gc is for a future job offer.


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04-07 12:11 PM
new H1 and H1 visa renewal are done in all US embassies in Canada.
1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
2. Dates are not available, but are released around 20th in bult; also, check out each hour.
3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
4. Go for visa interview.

I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.

Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?

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04-23 01:00 PM
My I-140 is still pending at NSC.
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:

Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.

So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?


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09-05 10:28 AM
I am in the same boat. No 485 receipts for me or my wife. Got EAD and AP receipts only for myself. 485 filled at NSC on July 2nd. EAD and AP also filled at NSC but on Aug 15, 2007. I think NSC is still data entering July 2nd cases.

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03-08 02:28 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.


Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.

1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.

2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.

I think one of these would not have satisfied the VO's questions and could have triggered the rejection.

The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.


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05-20 05:31 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss

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10-26 04:21 PM
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.

This is totally wrong information.

If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.

If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.


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12-28 11:51 AM
Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.

And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.

These are the kind of poison pills that derailed previous CIRs.
Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
The business community as well as skilled immigrants start opposing the CIR and it
comes crashing.


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09-15 10:43 PM
Do we have any guesstimate for the number of attendies for the rally?

Around 2500

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12-14 03:02 PM
I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.

My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.

When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.


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My EB2 labor was filled (different company) as Software Engineer (Level III)
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software

Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?

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07-01 02:48 PM
I'll join..I'd only have to go back to Canada. I can understand why the thousands on here would not. However, Canadian permanant residency is easier to get, anyone applying for it?

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03-16 09:27 PM
During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.

04-07 09:10 PM
We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.

I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.

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May 25th, 2005, 06:45 AM
So here are three more from the same "session" last evening which do include some foreground framing/interest. (slight adjustments on these to levels, color, etc. no cropping though)


Number 3 is by far the better pic to my mind. Re: Destroying your cloud....
yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.

In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.

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