gimme_GC2006
01-05 11:22 AM
any predictions for Feb 2009 :D:D
wallpaper 2009 Bentley Continental
jax999
02-23 01:21 AM
sorry to ask this question as it may be asked previously still i need to know the latest info.
Having AP and EAD ( i am not primary ) and want to travel to india from atlanta for round trip. what are the documents i need to carry ? What are the things i need to follow ? For the infant baby who is USA citizen what documents i need to carry ?
please reply anybody who knows about these.
Thank you.
Having AP and EAD ( i am not primary ) and want to travel to india from atlanta for round trip. what are the documents i need to carry ? What are the things i need to follow ? For the infant baby who is USA citizen what documents i need to carry ?
please reply anybody who knows about these.
Thank you.
rajczar
07-30 01:08 AM
Thanks for your response its very helpful. I will go through it.
2011 2010 Used Bentley Continental Flying Spur 4dr Sdn Speed at Twin Cities
EB3June03
07-01 02:03 PM
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
My case has only 1 lawyer and the medical RFE we got was sent to the lawyer and to me (applicant) by mail.
If you filed G28 for changing your lawyer, I would say it will go to the new lawyer and also would come to you.
My case has only 1 lawyer and the medical RFE we got was sent to the lawyer and to me (applicant) by mail.
If you filed G28 for changing your lawyer, I would say it will go to the new lawyer and also would come to you.
more...
logiclife
04-19 02:01 PM
I would advise against going outside of your district to apply.
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
roseball
04-04 02:32 PM
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?
Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.
Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.
more...
pcs
06-21 02:52 PM
it is free & great
2010 2010 Used Bentley Continental Flying Spur 4dr Sdn Speed at Twin Cities
casinoroyale
06-25 08:37 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
Thanks
nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
more...
pappu
04-09 12:05 PM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
Congrats.
You are one of the oldest member. Glad you finally made it before EB3 became unavailable.
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
Congrats.
You are one of the oldest member. Glad you finally made it before EB3 became unavailable.
hair 2010 Used Bentley Continental Flying Spur 4dr Sdn Speed at Twin Cities
spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
more...
485Question
10-11 12:51 PM
Did your certificate says your completion date or it just have the certificate issue date?
hot 2010 Used Bentley Continental Flying Spur 4dr Sdn Speed at Twin Cities
Misha79
03-27 05:45 PM
Hi all ,
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
more...
house 2010 Bentley Continental
uma001
05-04 04:40 PM
I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.
tattoo 2011 Bentley Continental
ecruiser
08-30 11:40 AM
Totally agree with boreal. Also, the category that you qualify for depends upon the requirements of the job and not your qualifications. For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
more...
pictures 2010 Bentley Continental
roseball
04-02 02:06 AM
What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.
dresses 2012 entley continental
sundarpn
06-29 01:39 AM
For folks who are past the 180 day period:-
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
more...
makeup 2010 Bentley Continental
sweet_jungle
10-23 01:02 PM
so brooklyn then?
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
girlfriend 2010 Bentley Continental
JoeSixpack
09-11 01:43 PM
In case any of the 132 views were genuinely interested individuals, I found that the font family combo box was receiving ‘Arial’ from the “default text” set for the rich textbox in the XAML. Upon opening the application, the comboBox shows the default selected text. It would change to Arial once the user clicks in the rich textbox, because it would then represent the default text of the rtb.
As for the problem with the font style controls; they still don’t seem to work properly. At this point it feels like I am trying to trick them into working the way we expect them to.
I think the the check preformed at the beginning of the Window1.xaml.cs file is causing some of the strange behavior. For instance if you open the application, click the bold button and then click in the RTB before you begin actually typing, the bold button will uncheck itself in order to reflect the current unbold state of the RTB (since the default state of the RTB is not bold). So maybe rewording that operation will fix the problem.
Any thoughts... anybody?
As for the problem with the font style controls; they still don’t seem to work properly. At this point it feels like I am trying to trick them into working the way we expect them to.
I think the the check preformed at the beginning of the Window1.xaml.cs file is causing some of the strange behavior. For instance if you open the application, click the bold button and then click in the RTB before you begin actually typing, the bold button will uncheck itself in order to reflect the current unbold state of the RTB (since the default state of the RTB is not bold). So maybe rewording that operation will fix the problem.
Any thoughts... anybody?
hairstyles 2010 Bentley Continental
inskrish
08-22 12:49 AM
Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)
I couldn't agree any more.:)
I couldn't agree any more.:)
Gator
02-23 09:02 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
gc28262
07-16 07:30 AM
Murthy Bulletin
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010
MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)
Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.
Background of Denial of Entry to the U.S. in January 2010
The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.
Travel Outside of the United States
The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.
CBP Checks on Returning H1B Workers
When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.
The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.
Removed H1B Worker Contacts Murthy to Take Action
The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.
New H1B Petition Approval
While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.
Murthy Takes Action to Reverse Earlier CBP Decision
The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.
Determined Follow-up Leads to Relief
The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.
Conclusion
We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010
MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)
Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.
Background of Denial of Entry to the U.S. in January 2010
The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.
Travel Outside of the United States
The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.
CBP Checks on Returning H1B Workers
When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.
The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.
Removed H1B Worker Contacts Murthy to Take Action
The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.
New H1B Petition Approval
While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.
Murthy Takes Action to Reverse Earlier CBP Decision
The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.
Determined Follow-up Leads to Relief
The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.
Conclusion
We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
No comments:
Post a Comment