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03-04 08:10 AM
And now for some good news.....The New York Times and the St. Petersburg Times reported two separate indidents of penalties and [prison sentences imposed on people who provided fraudulent immigration services to foreign nationals.
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
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Beemar
09-20 09:45 PM
Don't read too much into it. Somebody might just be doing trivial mass updates (like moving your info from one database table to another ;)), and you will get a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
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uma001
04-21 04:21 PM
1 . Where is the donor forum? I could not find it
2. I am a donor (two times). But I do not have access to it.
Bump
2. I am a donor (two times). But I do not have access to it.
Bump
more...
cheg
10-11 04:16 PM
A lot of people have filed on July 2 and still haven't received their FP notice while my husband and I filed July 6 and we're scheduled for FP tomorrow. My brother who filed on July 26 also received his FP notice last Friday. USCIS is really unpredictable nowadays so who knows how long it takes to generate FP notices. Hopefully you'll get yours soon too. :o
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
noida123
07-29 07:33 PM
Sona 75, Sent u a PM
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nkappiah
07-19 09:51 PM
I got married recently. Both my husband and I have similar priority dates as labour was filed separately for each of us by our respective companies. Is there any downside to adding each other to our applications and dual filing for greencard?
Is there any downside to having two applications in each name? Should we do this?
Thanks
N
Is there any downside to having two applications in each name? Should we do this?
Thanks
N
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amits
08-02 11:46 PM
Now, as the AOS is filed, will it make a difference later on - filing AOS under EB2 would have got him the Green Card ealier?
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
more...
univariate
07-23 04:16 PM
Hi, Friend,
Can you give more details regarding your travel to Canada?
Which city is the port of exit and port of entry to USA?
What document did officer ask for when you exit and reenter USA?
Thanks.
Can you give more details regarding your travel to Canada?
Which city is the port of exit and port of entry to USA?
What document did officer ask for when you exit and reenter USA?
Thanks.
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Rune
February 3rd, 2005, 01:55 AM
Nice edit Anders. And your version seem to be more in line with the rule of thirds too?
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waitin_toolong
02-08 08:29 AM
first of all EAD is not a status just a work authorization.
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
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santa123
06-16 06:55 PM
If one had done his/ her bachelors and worked for 5 yrs and did Masters (online) and worked for 4 years after Masters, can he/she claim Masters with 9 yrs of exp?? Pls clarify.
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rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
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sona75
07-29 08:09 AM
Thanks so much noida123 for your reply. Really helps.
Can you tell me how to get obtain a Special Waiver?are you working in Federal worksite?
because i am in Federal worksite.
Can you tell me how to get obtain a Special Waiver?are you working in Federal worksite?
because i am in Federal worksite.
more...
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amsgc
01-23 11:23 AM
Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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neeidd
03-01 03:32 PM
Hello Gurus,
I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?
Thanks,
Could some one please tell me which one is better and faster (E-filing vs Paper based)?
Thanks in advance
I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?
Thanks,
Could some one please tell me which one is better and faster (E-filing vs Paper based)?
Thanks in advance
more...
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abuddyz
01-22 09:21 AM
I sent an email to VFS mumbai to clarify this and here is the reply from them...
"Kindly note that since the Company has filed an Immigration petition for you and your spouse, so in the column no 36 you need to enter yes and the company�s name."
I clarified to them that for my wife only I-485 is filed and not I-140.. still their reply was above..
I am planning to modify the form..
"Kindly note that since the Company has filed an Immigration petition for you and your spouse, so in the column no 36 you need to enter yes and the company�s name."
I clarified to them that for my wife only I-485 is filed and not I-140.. still their reply was above..
I am planning to modify the form..
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sbmallik
12-27 03:10 PM
I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.
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vdesai_8
10-15 11:26 AM
Why is Tata giving such huge donations to schools in US that are already established?
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
aaron
08-22 01:40 PM
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
AC21 case
AP : May13RD
Current Status: Document mailed to applicant.
AC21 case
AP : May13RD
djmaddy
07-30 03:57 AM
my fave of the orange contest. good luck.
Thanks a lot mrE, glad you liked it!
Thanks a lot mrE, glad you liked it!
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