desi3933
01-12 12:09 PM
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/773903-cant-we-challenge-the-discriminatory-country-wide-quota-law.html
wallpaper Gundam Wallpaper by
gsmishra
07-24 11:00 AM
Its always better to use overnight Fedex.
I have had bad experiences with UPS in the past.
I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing)....so guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....
I have had bad experiences with UPS in the past.
I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing)....so guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....
Rockford
09-04 02:36 PM
You still have time to arrange your plans and attend! Here�s why you should come:
..................... Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.
.................... If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!
Jaime , Very good post and very encouraging. It will change at least a few minds.
.............
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
............- most of these wake up late in morning, go to work, watch TV , lazy in weekends , play cards, chat on phone , always spend a lot of hours on the internet researching for some crappy deals on electronic goods - the time, if well spent is worth more than what they save on buying the item.
...................
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
..................... Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.
.................... If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!
Jaime , Very good post and very encouraging. It will change at least a few minds.
.............
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
............- most of these wake up late in morning, go to work, watch TV , lazy in weekends , play cards, chat on phone , always spend a lot of hours on the internet researching for some crappy deals on electronic goods - the time, if well spent is worth more than what they save on buying the item.
...................
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
2011 gundam 00 wallpaper. GUNDAM 00
H4_losing_hope
02-09 05:43 PM
My new target is 200. It was 100 before the deadline was extended.
58 collected so far (excluding the 24 letters at Fremont train station)
Besides, I prepare & mail about 20 envelopes a day to WH=> these envelopes contain letters coming in from several folks in CA.
This weekend, NORCAL will do not 1 but 3 drives:
Sunnyvale temple
Grocery stores @ Sunnyvale
Grocery stores @ Fremont
For more details, check out the latest messages on NORCAL yahoogroup!
Proud to be part of CA letter campaign with you folks! 200 here we come....will dig about in SF :)
58 collected so far (excluding the 24 letters at Fremont train station)
Besides, I prepare & mail about 20 envelopes a day to WH=> these envelopes contain letters coming in from several folks in CA.
This weekend, NORCAL will do not 1 but 3 drives:
Sunnyvale temple
Grocery stores @ Sunnyvale
Grocery stores @ Fremont
For more details, check out the latest messages on NORCAL yahoogroup!
Proud to be part of CA letter campaign with you folks! 200 here we come....will dig about in SF :)
more...
a_yaja
02-12 10:29 AM
It is amusing to see that there are quite a few people who want the very door closed that they used to enter. It is even more amusing to see that the fault is always someone elses. It is similar to all the people who are opposed to immigration because it is someone elses fault that they are losing their job. Down right funny :p.
We need to focus on solving our problems without blaming others for our problems. Because once we go down that lane, we are no better than anyone from NumbersUSA or any other organization/ people who are against immigration. It is OK if we do not support increasing H1B - but saying that the H1B program needs to shutdown is not correct. I am sure that one can reason in the same breath that the EB3 category needs to be eliminated so that retrogression can truely be eliminated :eek:
We need to focus on solving our problems without blaming others for our problems. Because once we go down that lane, we are no better than anyone from NumbersUSA or any other organization/ people who are against immigration. It is OK if we do not support increasing H1B - but saying that the H1B program needs to shutdown is not correct. I am sure that one can reason in the same breath that the EB3 category needs to be eliminated so that retrogression can truely be eliminated :eek:
tuktukan
05-10 10:37 AM
I got laid off with a pending I-140 filed July 2006 along with I-485. I was told that as soon as those docs are filed my H1B becomes invalid. True? I still have an approved H1B receipt from another company valid thru Feb 2008. Can I still use it? Thank you.
You are pretty much safe to look for another job using AC-21. But make sure the job description is the same as your previous work (the company that did your concurrent I140/485 filing. You need to consult a lawyer for the AC-21 process.
You are pretty much safe to look for another job using AC-21. But make sure the job description is the same as your previous work (the company that did your concurrent I140/485 filing. You need to consult a lawyer for the AC-21 process.
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TheOmbudsman
11-08 10:58 AM
GCBY3000, I think you are right. It is not all that simple. There are many in the House who can still vote against amnesties. We shall watch and see. I suggest that no one gets too excited about this.
SInce democrats gained the contorl on house, they will wait till the next congress starts to pass releif to immigration issue. THis way, they can take the credit for it and campaign it for their next election. Republicans are stuck now. They neither want to pass it nor want it to supress. They dont want the democrats to gain the credit whatsoever. If republicans cannot pass it this year they will do everything to stop it in next congress session if they have majority in senate. It is vey comlicated and sensitive issue and we have to wait to see how the business people push the lawmakers. None other then business tycoons can make some impact with this kind of power split in senate / congress with a lame duck president for next two years.
SInce democrats gained the contorl on house, they will wait till the next congress starts to pass releif to immigration issue. THis way, they can take the credit for it and campaign it for their next election. Republicans are stuck now. They neither want to pass it nor want it to supress. They dont want the democrats to gain the credit whatsoever. If republicans cannot pass it this year they will do everything to stop it in next congress session if they have majority in senate. It is vey comlicated and sensitive issue and we have to wait to see how the business people push the lawmakers. None other then business tycoons can make some impact with this kind of power split in senate / congress with a lame duck president for next two years.
2010 Anime - Gundam Wallpaper
Bhadwaj
10-07 04:35 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
more...
belmontboy
05-30 04:50 AM
Yes, every outraged indian should send an email to Air France. The content of that should clearly indicate that they will never fly Air France again due to these "racial" discrimination allegations.
That should teach them a lesson.
That should teach them a lesson.
hair Gundam poster
snathan
08-20 08:48 PM
I would be really surprised if they are not rude and customer friendly. Its the curse of Indian Govt employe's attitude. No matter where they go...they can not change. Most of the time their service is pathetic,rude and unfriendly. Unfortunately they are representing india to all over the world.
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sanju
09-12 11:36 AM
President drives the policy. He decides which laws are to be considered, which policy is to be formulated. He tells that to the Congress asking Congress to fix an issue. Say President wants Social Security reform, he will ask congress the kind of social security reform he wants. If a member of congress agrees, he or she will propose a law. Majority leader in the Senate and House speaker schedules the vote on the floor and they drive their "House" but the policy is driven by the President. Veto is not the only thing that a President does although in the current Presidential debate, you will hear about the macho-ism of candidates based on how many bills he/she vetoed, as if to veto a bill Governor or future President will have to lift 500 pounds for the "people's sake".
Although there is always an urge to over simplify things in real life, maybe because over-simplifying makes us looks good by suggesting easy solutions to any complex situation, maybe that’s why we want to believe that Republicans are better than Democrats or Democrats are better than republicans, easy pick problem solved. But like most things in life, the immigration debate is so convoluted and complex that any one party is not for/against any specific issue. It is very easy to find republicans who are opposed to our provisions and democrats who want us out of here.
Also, here is a reason why I opened this thread and why comments from Sen. Obama to the question of employment based green card is important. I don’t know much about ever complex politics and immigration, but I am a frequent visitor to this site and learned a lot about the issue during Durbin Grassley bill. In CIR of 2007 had provisions that were designed to eliminate AC21 and visa extension beyond 6 years. If that happens now, a lot of people who really don’t care who wins the election will be asked to leave, in most cases immediately. 2007 CIR was designed by Sen. Durbin. Sen. Durbin is also Campaign Chair for Sen. Obama. Sen. Durbin will drive President Obama’s policy on green card and H1 issue. They may intend to stop so called “exploitation”, but in the process as always is the case, they will be foolish enough to pass such provisions to punish the people that are being “exploited”, which I guess is us. And if they pass laws to abolish AC21 Section 106 (a) & (b) and if they remove 7th yr H1 extension, which at this time is tip of the ice-berg, I hope you can imagine how rest of the things will shape up. My intent of opening this thread was to find out the intensity of Sen. Obama’s reply and see if his administration will be able to withstand an onslaught from Sen. Durbin in preventing any foolish provisions that have not been thought through.
I guess now you see the relevance of the position of Sen. Obama on this issue.
And BTW, "interested in legal immigration" is a very lose term. It can mean lot of things. The writing is on the wall, be prepared for the Durbin roll-over in Obama administration. If you are waiting for the green card next year, you was in deep deep very cold water.
.
Although there is always an urge to over simplify things in real life, maybe because over-simplifying makes us looks good by suggesting easy solutions to any complex situation, maybe that’s why we want to believe that Republicans are better than Democrats or Democrats are better than republicans, easy pick problem solved. But like most things in life, the immigration debate is so convoluted and complex that any one party is not for/against any specific issue. It is very easy to find republicans who are opposed to our provisions and democrats who want us out of here.
Also, here is a reason why I opened this thread and why comments from Sen. Obama to the question of employment based green card is important. I don’t know much about ever complex politics and immigration, but I am a frequent visitor to this site and learned a lot about the issue during Durbin Grassley bill. In CIR of 2007 had provisions that were designed to eliminate AC21 and visa extension beyond 6 years. If that happens now, a lot of people who really don’t care who wins the election will be asked to leave, in most cases immediately. 2007 CIR was designed by Sen. Durbin. Sen. Durbin is also Campaign Chair for Sen. Obama. Sen. Durbin will drive President Obama’s policy on green card and H1 issue. They may intend to stop so called “exploitation”, but in the process as always is the case, they will be foolish enough to pass such provisions to punish the people that are being “exploited”, which I guess is us. And if they pass laws to abolish AC21 Section 106 (a) & (b) and if they remove 7th yr H1 extension, which at this time is tip of the ice-berg, I hope you can imagine how rest of the things will shape up. My intent of opening this thread was to find out the intensity of Sen. Obama’s reply and see if his administration will be able to withstand an onslaught from Sen. Durbin in preventing any foolish provisions that have not been thought through.
I guess now you see the relevance of the position of Sen. Obama on this issue.
And BTW, "interested in legal immigration" is a very lose term. It can mean lot of things. The writing is on the wall, be prepared for the Durbin roll-over in Obama administration. If you are waiting for the green card next year, you was in deep deep very cold water.
.
hot Screenshots Gundam Wallpapers:
abhijitp
11-15 05:13 PM
Is there anyway we could go about pushing our story in the media? I am sure all of us combined have a a few thousand bachelor's, master's and ph.d. degrees. We are a group of people with highly advanced skill sets and this needs to be advertised. Maybe convincing a few journalists to take up our cause could be an option. Local newspapers, political blogs, radio stations etc. etc.
IV has been doing this already! Please join your state chapter, and help continue doing it. Thanks!
IV has been doing this already! Please join your state chapter, and help continue doing it. Thanks!
more...
house gundam seed wallpaper.
senthil1
06-09 05:22 PM
That is right. But same country quota is there in EB system also. So in point system also 80% of people will get same quality of people as current system. But advantage is process delay will be eliminated.
Because of the country quota what you have said below is applicable to only people from India, because of the tremendous competition from Indian applicatants you would need the highest points , ms or phd, 5 years experience, employer sponsorship, and also relatives, but if you are from non Indian countries then you will easily get it because there is not much if any competition.
For example people from India might need 90+ points to have any chance but people from other countries might need just 60 points to get in. This is not merit based system, it is Kennedy Diversity Visa disguised as merit system.
Because of the country quota what you have said below is applicable to only people from India, because of the tremendous competition from Indian applicatants you would need the highest points , ms or phd, 5 years experience, employer sponsorship, and also relatives, but if you are from non Indian countries then you will easily get it because there is not much if any competition.
For example people from India might need 90+ points to have any chance but people from other countries might need just 60 points to get in. This is not merit based system, it is Kennedy Diversity Visa disguised as merit system.
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gc_mania_03
02-13 12:21 AM
Good work IV...in getting back to all these hecklers in such a strong way...
Though, I dont believe these noises will attend, I do politely ask all the noise makers to either lead, follow or get out of the way...please!
Let the noises continue, we should go ahead and keep working towards our goals...
-gc_mania_03
Though, I dont believe these noises will attend, I do politely ask all the noise makers to either lead, follow or get out of the way...please!
Let the noises continue, we should go ahead and keep working towards our goals...
-gc_mania_03
more...
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kumar1305
01-12 09:55 AM
If we fight we lose once, if we do not we lose every time we don't. IV has nothing to lose if it can at least talk to a very good attorney. I'm not a lawyer but there could many ambiguous statements in it, and good attorney could make use of them to fight.
dresses Gundam Wallpaper
walking_dude
10-05 11:00 AM
Laissez les bons temps rouler. ( Let the good times roll)
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makeup Burning Gundam PSP Wallpaper
anilsal
02-12 02:59 AM
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
That would be nice. Citizenship for people who have been on visa and been in the country legally for a number of years. But I doubt it will happen anytime soon.
That would be nice. Citizenship for people who have been on visa and been in the country legally for a number of years. But I doubt it will happen anytime soon.
girlfriend Gundam SEED Destiny sets the
GC_ASP
07-18 07:41 AM
You can file 485 even without the I-140 receipt number. You need to include a cover letter with your details. Also, include the copy of your labor certification with it. You can get more details here.
http://www.immigration.com/fromtheagency/nsc112006.html
http://www.immigration.com/fromtheagency/nsc112006.html
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chanduv23
09-25 12:59 PM
http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
Karthikthiru
06-08 04:45 PM
Yes that is correct. We should take such discussions in private
Karthik
Karthik
clumsybird
08-05 09:31 PM
Hi guys, I really need your advice on this :
1)Working for a large financial consulting firm A now, in-house lawyers dealt with the H-1B, renewing it now for Oct this year (sent in May, haven't heard back).
2)Want to join a 7-people Start Up company B as a financial analyst, which does not want to hire me as an "employee" but only as a "consultant" (i guess understandable for tax/risk reasons as the president of the firm is also hired as a consultant so ...).
3)How can I keep my H-1B with me? Can company B sponsor me as a consultant? or I need to have a third party consulting firm as a bridge? If so, any good agent or lawyers I can talk to?
Any advice highly appreciated.
Best,
CB
1)Working for a large financial consulting firm A now, in-house lawyers dealt with the H-1B, renewing it now for Oct this year (sent in May, haven't heard back).
2)Want to join a 7-people Start Up company B as a financial analyst, which does not want to hire me as an "employee" but only as a "consultant" (i guess understandable for tax/risk reasons as the president of the firm is also hired as a consultant so ...).
3)How can I keep my H-1B with me? Can company B sponsor me as a consultant? or I need to have a third party consulting firm as a bridge? If so, any good agent or lawyers I can talk to?
Any advice highly appreciated.
Best,
CB
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