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  • dvb123
    11-21 11:06 AM
    [Federal Register: November 21, 2007 (Volume 72, Number 224)]
    [Notices]
    [Page 65588]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr21no07-75]

    -----------------------------------------------------------------------

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
    RIN 1615-ZA61


    Cuban Family Reunification Parole Program

    AGENCY: U.S. Citizenship and Immigration Services, DHS.

    ACTION: Notice.

    -----------------------------------------------------------------------

    SUMMARY: This Notice announces U.S. Citizenship and Immigration
    Services' Cuban Family Reunification Parole Program. Under this
    program, U.S. Citizenship and Immigration Services is offering
    beneficiaries of approved family-based immigrant visa petitions an
    opportunity to receive a discretionary grant of parole to come to the
    United States rather than remain in Cuba to apply for lawful permanent
    resident status. The purpose of the program is to expedite family
    reunification through safe, legal, and orderly channels of migration to
    the United States and to discourage irregular and inherently dangerous
    maritime migration.

    DATES: This Notice is effective November 21, 2007.

    FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
    U.S. Citizenship and Immigration Services, Department of Homeland
    Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
    20529, Telephone (202) 272-1613.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In furtherance of the U.S.-Cuba Migration Accords, the United
    States endeavors to provide a minimum of 20,000 travel documents
    annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
    Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
    1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
    ``Migration Accords'')). In so doing, the United States offers a safe,
    legal, and orderly means of coming to the United States. To date, the
    majority of travel documents issued under the Migration Accords fall
    into one of three programs: family-based immigrant visas; refugee
    resettlement; and parole under the Special Cuban Migration Program,
    also referred to as the Cuban Lottery. For information on the Cuban
    Lottery, see http://havana.usinterestsection.gov/diversity_program.html
    .

    Two aspects of the existing array of migration programs limit the
    ability of the United States to effectively promote safe, legal, and
    orderly migration as an alternative to maritime crossings. First, with
    the exception of ``immediate relatives'' (e.g., spouse, unmarried
    child) of U.S. citizens (USCs), the number of family-based immigrant
    visas that are available in any given year is limited by statute. See
    Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
    U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
    long waiting periods before family members remaining in Cuba may rejoin
    the USCs and lawful permanent residents (LPRs) residing in the United
    States who petitioned for them. Second, the United States has not been
    permitted to hold a new registration period since 1998 due to
    constraints placed on the Cuban Lottery program by the Cuban
    Government. This greatly reduces the pool of individuals to whom the
    United States may issue travel documents.
    For these reasons, this Notice adds the Cuban Family Reunification
    Parole (CFRP) Program to the list of migrant programs based on which
    the United States issues travel documents under the Migration Accords.

    II. The CFRP Program

    Under the CFRP Program, USCIS may exercise its discretionary parole
    authority to permit eligible Cuban nationals to come to the United
    States to rejoin their family members. See INA section 212(d)(5)(A), 8
    U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
    for urgent humanitarian reasons or significant public benefit); see
    also 8 CFR 212.5(c) & (d) (discretionary authority for granting
    parole). Granting parole to eligible aliens under the CFRP Program
    serves the significant public benefit of enabling the United States to
    meet its commitments under the Migration Accords as well as reducing
    the perceived need for family members left behind in Cuba to make
    irregular and inherently dangerous attempts to arrive in the United
    States through unsafe maritime crossings, thereby discouraging alien
    smuggling as a means to enter the United States. Whether to parole a
    particular alien remains, however, a case-by-case, discretionary
    determination.

    III. Participation in the CFRP Program

    USCIS will offer participation in the CFRP Program to Cuban
    nationals who reside in Cuba and who are the beneficiaries (including
    any accompanying or following to join spouse and children (see INA
    section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
    ``Petition for Alien Relative,'' that has been approved, but for which
    an immigrant visa is not yet immediately available.
    Under the CFRP Program, USCIS or the Department of State's National
    Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
    petitioners whose Forms I-130 have been approved regarding their
    beneficiary's eligibility to participate in the CFRP Program and the
    procedures for requesting parole. However, participation in the CFRP is
    voluntary. If USCIS exercises its discretion to grant parole, it will
    issue the necessary U.S. travel documents to the beneficiary in Cuba.
    These travel documents will enable the beneficiary to travel safely to
    the United States to rejoin his or her family members.
    Participation in the CFRP Program is not available to aliens who
    qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
    INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
    not needed for these aliens, since they may seek visas for travel to
    the United States immediately upon the approval of Form I-130.
    Additional information about the CFRP Program will be posted at
    http://www.uscis.gov.


    Dated: November 15, 2007.
    Emilio T. Gonzalez,
    Director, U.S. Citizenship and Immigration Services.
    [FR Doc. E7-22679 Filed 11-20-07; 8:45 am]

    BILLING CODE 4410-10-P





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  • lghtslpr
    02-08 12:26 PM
    Someone over at immigrationportal.com is organizing a letter-writing campaign to demand transparency at the Philadelphia Backlog Processing Center. I think it's a great idea. Please participate. See details here:

    http://www.immigrationportal.com/showpost.php?p=1352681&postcount=10560





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  • Berkeleybee
    02-05 09:28 PM
    All,

    My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.

    This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.

    My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.

    I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.

    best,
    Berkeleybee





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  • sanju
    01-22 03:39 PM
    Hello,

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?




    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.



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  • ivuser9
    12-02 12:01 PM
    What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume

    Good luck





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  • tampacoolie
    08-05 09:08 AM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance.....

    I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
    Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.



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  • pansy
    05-14 12:29 PM
    Initially I paid all the fees for I-485 and EAD filing. Now I need to renew my EAD, who should pay renewal fees [Employee or Employer]. Employer paid for H1B expired in March'08. Current EAD will expire in Sep' 08.:)





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  • vdlrao
    08-06 02:21 PM
    Its a massive hit even to some staffing comps here

    It afftects staffing companies which ever has more than 50 employees, and 50% of them are not us citizens. Can some one confirm this please.



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  • logiclife
    05-11 11:47 AM
    Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.

    All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

    Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

    We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.

    STAND UP AND SPEAK UP.





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  • ch102
    02-10 10:14 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.


    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.

    Dont worry CIR will not happen !!!
    The Oh Law Firm (http://www.immigration-law.com/)
    OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
    The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.

    *****************************
    Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)

    Time is running out
    As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.

    As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.



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  • edaltsis
    04-23 11:55 AM
    Oflate there are quite a few incidents that USCIS has issued RFE's for change of address. I read them on IV Forums and my cousin/ few friends whom I know got RFE's for change of address reason. They send an RFE asking if anything has changed in the employment status (if so it means you need to file AC21) or prove your current employment. Some cases I heard got 485 denials without sending a RFE...this will make one to run on their toes for no reason.

    It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.





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  • another one
    07-26 10:49 AM
    IV core-

    Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.



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  • wandmaker
    12-18 10:21 PM
    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).

    Nice quote :)





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  • lee.cook
    May 30th, 2007, 10:27 AM
    Hey Again,

    I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

    Anybody got any pictures of the correct way? thanks very much.

    Fashion models come on H1B? Give me a break.. [Archive] - Immigration Voice

    View Full Version : Fashion models come on H1B? Give me a break..




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  • vjkypally
    06-02 01:14 PM
    It was just for me, primary applicant. They asked for my status from 1999 to 2004 including my I-20, 797's etc and also I-94 and EVLDid u receive rfe for both applications are just the prime application (assuming you).





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  • authrd
    08-22 12:52 PM
    This has been bugging me for a while now. I applied for I-485 in July 2007.

    I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

    Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.


    I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

    Any thoughts.

    Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

    I want to be proactive and get other documents ready if that is what it'll take.



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  • styrum
    10-30 03:20 PM
    I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?
    They are not instantaneous. Mine showed up in an hour for sure.





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  • fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.


    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.


    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    https://egov.uscis.gov/crisgwi/go?action=coa

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).





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  • meridiani.planum
    07-23 05:25 AM
    Hi Thanks for your inputs.

    But both the employers are consultant.
    One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
    So which should be an better option, if they have a similar better client list?

    IMO both are fairly decent places to work. I work in the bay area and Fremont is close by. Lots of tech companies here, so in general job market is ok. However cost of living is very high. Certainly more than pittsburg.
    I think its a fairly close call, I would tend a bit towards the Fremont one only because I guess I am a bit biased to the bay area :)





    conchshell
    07-30 12:43 PM
    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon

    sujith1, can you post when did you both filed for EAD, where, and when did you get approval for you only.

    Same here sujith1, I am on H1B (AOS) and she is working on her EAD.





    gc28262
    07-31 07:42 AM
    This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

    U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.

    No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.

    U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.

    Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
    U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)

    If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
    Northern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    200 Sheffield Street, Room 102
    Mountainside, NJ 07092
    Phone:
    (908) 317-8611
    1-866-4-USWAGE
    (1-866-487-9243)
    Joseph Petrecca
    District Director

    Southern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    3131 Princeton Pike, Bldg. 5, Rm. 216
    Lawrenceville, NJ 08648
    Phone:
    (609) 538-8310
    1-866-4-USWAGE
    (1-866-487-9243)
    Pat Reilly
    District Director

    Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.



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