Mike Tyson Tattoos

dude, that's a cool one. Is that the original colour?
It's certainly stark. I think a little less filling would make it more effective yet again..
Cheers
Rob

I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

Guys, please update if you know any more details about this.

No. My wife is H4. Call them and let us know what they said...

You can write it... no issues.,.

Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!

If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

Not sure how true this is but I got this email from my friend who is also an IV member.

Dear All,
Be Careful At the Indian Airports , This is a well organized conspiracy by Indian Immigration, Police, Customs and Air India staff with networking at all the Indian
International Airports. Be watchful when ever you give your passport to Immigration/ Customs/Air India staff. The pass port can be easily tampered and can create trouble to you. They have found easy way of making money from NRIs. This is the way it works:
At the time of the passenger's departure, if the passenger is not looking at the officer while he is stamping the exit, the officer very cleverly tears away one of the page from the passport. When the passenger leaves the immigration counter, the case is reported on his computer terminal with full details. Now all over India they have got full details of the passenger with Red Flag flashing on the Passport number entered by the departure immigration officer. They have made their money by doing above. On arrival next time, he is interrogated. Subject to the passenger's period of stay abroad, his income and standing etc., the price to get rid of the problem is settled by the Police and Immigration people. If someone argues, his future is spoiled because there are always some innocent fellows who think the honesty is the basis of getting justice in India ..
Please advise every passenger to be careful at the airport. Whenever they hand over the passport to the counters of Air India , or immigration or the customs, they must be vigilant, should not remove eyes from the passport even if the officer in front tries to divert their attention. Also, please pass this information to all friends, media men and important politicians. Every month 20-30 cases are happening all over India to rob the NRIs the minute he lands. Similar case has happened with Aramco's Arifuddin. He was travelling with his family. They had six passports. They got the visa of America and decided to go via Hyderabad from Jeddah. They reached Hyderabad. Stayed about a month and left for the States. When they reached the States, the page of the American visa on his wife's passport
was missing. At the time of departure from Hyderabad it was there, the whole family had to return to Hyderabad helplessly. On arrival at Bombay back, they were caught by the police and now it is over 2 months, they are running after the Police, Immigration officers and the Courts. On going in to details with him, he found out the following: One cannot imagine, neither can believe, that the Indian Immigration dept can play such a nasty game to harass the innocent passengers.
All the passengers travelling to & fro India via Bombay and Hyderabad must be aware of this conspiracy. Every month 15 to 20 cases are taking place, at each mentioned airport, of holding the passengers in the crime of tearing away the passport pages. On interviewing some of them, none of them was aware of what had happened. They don't know why, when and who tore away the page from the middle of the passport. One can imagine the sufferings of such people at the hands of the immigration, police and the court procedures in India after that. The number of cases is increasing in the last 2-3 years. People who are arriving at the immigration, they are questioned and their passports are being held and they have to go in interrogations. Obviously, the conspiracy started about 2 to 3 years ago, now the results are coming. Some of the Air India counter staff too is involved in this conspiracy.

For a medical REF how many days do we have to reply?

Thanks,
RabiS

Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.

now I got it, 'sweet23guyin'
Please contribute to IV.

What does your online status say?

It says Current Status: Case received and pending.

thanks vikram! good job! i have it in my bookmark already. :D

Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

HISTORICAL BACKGROUND OF RETROGRESSION

Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

Employment-Based First Preference / EB1

Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

Employment-Based Second Preference / EB2

The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

Employment-Based Third Preference / EB3

No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

Double Dipping

Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

CONCLUSION

We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

This trickling effect was already discussed. It is from murthy.com .

I applied for passport renewal (Chicago consulate) without name change form. In the Online application, I splitted the name as needed (earlier my name was under Given name). The renewal passport was sent to me with the way I entered the name (splitting) without any additional forms or affidavits.

All these are amazing Anders, even with your rude intruder spoiling more potential shots you should be pleased with capturing images that a lot of photographer's only dream of taking.

Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

I appreciate your generous response.

NaturopathicPT

File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

Caveat: I am not an attorney so ask your lawyer if this is a feasible option.

.. I think this is an excellent way to carry forward the Gandhigiri campaign.
We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

We should also send a sample of the letter to news outlets.

This will help keep this issue in the limelight. Any takers??

What was the REF about?

As a backup you can file new EB3 PERM

Hello there

I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

Thank you
Chaitanya

well i didnt see that ........my bad..........stupid me.........:jail:

/\/\

Consult a good lawyer.

Is your spouse a US citizen? Do you want to use I-130 based greencard option?

After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

Your priority should be:

1. How to avoid this 180 day situation

2. How to maintain status

-by EAD only
-or by H1 (cap or non-cap)

3. How to attain GC

-By I-130 only or

are there other options

If your spouse is a citizen, usually GC will be done in 1 or 2 years.

You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

Again, a good lawyer will be your best advisor.


His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.

[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

what kind of evidence you need to provide to show the intention that you will move back to the original location!