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  • Blog Feeds
    02-28 09:10 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
    http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us



    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)




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  • test101
    07-18 11:04 PM
    Can I file I-131 after filing for I-485? or does it have to be done at the same time?

    thanks




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  • yabadaba
    05-24 02:18 PM
    Thank you for your comment and the information. Wayne Greene, city editor

    >>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
    Name: Y abadaba
    Email: XXXXXXXXX
    Phone:
    City: Atlanta
    State: GA

    Headline: Still waiting for green card
    Publish Date: 5/23/2006

    Intended for Publication: No

    Comments:
    Sir,

    This article hits the nail right on the head. However there is one footnote that
    needs to be added.

    Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
    or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.

    Just because he was born in India he is being subjected to this backlog




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  • dreamgc_real
    12-06 02:06 PM
    Dream Act is a moral issue and being fair to the kids who have made this country their own.

    Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.

    Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.



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  • h1techSlave
    07-17 11:24 AM
    It is difficult to arrive at hard numbers using these kinds of analysis.

    For example you say "Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%".

    In reality there are no such human being exist. When a person comes here, he/she does contribute to the society. The person may not be in any official pay roll, but he buys stuff, he does work (in the house at least), he consumes services etc. Now such behavior by the hypothetically low skilled person has a positive contribution to the economy. May be the person took care of the house hold chorus of a young family, enabling the mom to take a Masters in computer science. Fast forward two years, the couple starts a successful software company which employs dozens of Americans.

    The story line that you give is the same argument that NumbersUSA gives, which is that an additional person is just a job stealer; but I disagree.


    Hello All,

    I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.

    We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.

    I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.

    These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
    example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
    Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%

    This can be bad example but it was just to put a point forward.

    Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.

    Thanks,
    M.




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  • kanshul
    02-24 08:30 AM
    As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.

    You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.

    If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.



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  • howzatt
    08-15 11:53 AM
    Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.

    My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    Any, suggestions.

    Check this thread, you might find some answers:
    http://immigrationvoice.org/forum/showthread.php?t=12320




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  • mrajatish
    05-25 08:47 AM
    Called Sen. Bingaman, Chuck Hagel's office - talked nicely to staff and explained. Wife is also calling - let us do this, folks, do you want to wait another 12 years while your gardenere gets his/her greencard. Wake up or sleep forever.



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  • cbpds
    04-07 02:18 PM
    Hope the may bulletin is published by tommorow as Obama has threatened to veto any stop gap bill

    Obama vows to veto short-term bill - Washington Times (http://www.washingtontimes.com/news/2011/apr/7/senate-leader-reid-government-headed-shutdown/)




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  • Dhundhun
    06-19 12:42 AM
    Folks,
    I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

    Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

    Any pointers would be really appreciated.

    Thank You

    -Bipin

    You must be having A# on previous EAD - that is required. I filed for my wife and forgot to send copy of I-485. There was no RFE and we got EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737.



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  • webm
    02-13 04:22 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks


    One more criteria is,If your 485 Notice Date falls prior to the processing dates (respective Processing Centre) as well THEN you can expect adjudicated in or after March depends on your Luck..

    This criteria was mentioned in one of the recent thread in this forum..




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  • punjabi
    08-13 11:12 AM
    I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.

    Unless there is already an active thread, we should not mind if someone opens a new thread!



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  • kannan
    01-10 05:27 PM
    Mine is still in CA only.no transfer and no FP




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  • jsb
    02-11 10:28 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?
    If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.



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  • Sakthisagar
    10-27 09:43 AM
    to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,

    Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.

    Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
    any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.




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  • InTheMoment
    06-05 07:55 PM
    In such cases, the PO Box owner or auth rep. takes the note that is left in the PO Box and collects the mail piece. This also applies for signature confirmation and other USPS services that requires a signature

    The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?



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  • snathan
    02-09 11:09 PM
    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)


    do you think they will?




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  • geniousatwork
    09-22 09:00 PM
    I applied on Aug 18 and got approval email on Sep 2....awaiting AP in mail

    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?




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  • hebron
    06-14 03:09 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)



    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?




    Dustinthewind
    01-05 12:48 AM
    @sanju_dba - Sorry to disappoint you. We did think about making a documentary, but in the end we all figured that a lot more people might be interested in a narrative feature film. Perhaps we are wrong, but it was just a decision that our team collectively made.

    @waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.

    Thanks again for the comments.




    digitalrain
    06-25 05:05 PM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.


    Thank you very much for the response.
    I have a lawyer,he advised me to ask the US Embassy to issue the kid a Humanitarian Parole,but I'm not sure if these guys know how to process these kind of unusual cases.They told my wife that I have to file a relative petition.As far as I know he is not eligible for derivative asylum since he got born after my asylum approval.
    I wonder if she,my wife,can apply for humanitarian parole at the US Embassy?Or do I have to apply for humanitarian parole?
    Lawers that I know are expensive and I'm not sure if these guys really know what are they doing.

    I would really appreciate any advice from anyone.



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