gcformeornot
02-03 02:14 PM
AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
ashish.bhatia.h1
04-06 07:45 AM
Closed it with MetLife in October 2009 @ 5.25.. 3% down payment.. with Patterson Schwartz
prioritydate
10-01 09:11 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
jkays94
04-26 06:57 PM
Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
more...
jsb
03-25 02:45 PM
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.
Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.
http://www.flcdatacenter.com/CasePerm.aspx and
It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.
Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.
qasleuth
08-07 06:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
more...
chanduv23
09-16 08:20 PM
^^^^^^^
shree772000
07-20 01:07 PM
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
more...
adde72
06-30 10:58 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
beppenyc
04-09 04:14 PM
The system is broken, but only for us. Trust me, the US is only profit from the Illegal and Legal immegration. I lost hope, it`s the same dance, again, again and again.
more...
GCnightmare
08-28 08:58 AM
thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.
whattodo
05-02 01:30 PM
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
more...
malibuguy007
10-01 10:48 PM
Just thought I would share this with you guys. In the US a total of $306 billion were contributed to charity last year and here we are having trouble raising money for our own good - donations that would have a direct impact!!
http://www.aafrc.org/press_releases/releases/20080622.html
http://www.aafrc.org/press_releases/releases/20080622.html
franklin
07-27 08:45 PM
Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o
However, to be safe, I guess after Aug 17th is a pretty good bet
However, to be safe, I guess after Aug 17th is a pretty good bet
more...
chanduv23
08-19 11:06 PM
You are the biggest heros and inspiration to all. Hats off to you guys.
logiclife
03-09 12:39 AM
Thanks to first few members who have volunteered to help with membership drive.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
more...
rajarao
08-19 09:32 PM
Thanks everyone for replies.
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
STAmisha
07-25 01:41 PM
Gurus
Plesase
Plesase
ajm
05-04 08:18 PM
My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
pappu
07-22 10:50 AM
It is a bit early. No checks will be cleared except the legal fee checks. :)
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