Yes - Diebold fully acquired Global Election Systems and they are currently operating as a wholly-owned subsidiary of Diebold, Inc - both US and Canadian operations.
Tracy - do you know of anyone else within DES that is operating on a Visa? Can you put the questions out there and find out for Carrie? Thanks!
Sharon
-----Original Message-----
From:
Micciche, Carrie
Sent: Tuesday, August 20, 2002 7:38
AM
To: Miller, Sharon
Subject:
FW: L-1B Visa for Sophia Lee
Sharon,
Sophia Lee's attorney that prepared her visa application is looking into the fact that she did not get an approval notice. Since Global's name has changed since then, an option would be to apply for a new visa under the Diebold Election Systems name. Can you please read his message below and verify the relationship between Diebold & DES. Thanks!
Carrie
Also, can you please verify that there are no other DES associates on visas. I don't want anyone slipping through the cracks!
-----Original Message-----
From: Smart,
John [mailto:JSmart@winstead.com]
Sent: Monday, August 19, 2002 2:48 PM
To: 'Micciche, Carrie'
Cc:
'tracy@dieboldes.com'
Subject: RE: L-1B Visa for Sophia
Lee
Someone needs to update me concerning Diebold's acquisition of
Global.
Normally, a new petition isn't required where a
company acquires all the
assets of another company,
assuming the qualifying relationship still
exists.
The L petition requires related entities in the U.S. and abroad.
Did Diebold acquire the Canadian and U.S. operations of
Global? Is there
still a parent-subsidiary
relationship in existence? If not, we'll need to
look at another visa category for Sophia.
-----Original Message-----
From:
Micciche, Carrie [mailto:MiccicC@diebold.com]
Sent: Monday, August 19, 2002 11:49 AM
To: 'Smart, John'; Lee, Sophia
Cc: Micciche,
Carrie; Flagg, Tracy
Subject: RE: L-1B Visa for Sophia
Lee
I have a question related to all this: What company did
this visa relate
to? Was it still Global then, or
was is in Diebold Election System's name?
If its in
Global's name, this could pose another problem since the company
really doesn't exist anymore. Do we need to file a new
petition to change
the company name anyway?
Carrie
-----Original Message-----
From: Smart,
John [mailto:JSmart@winstead.com]
Sent: Monday, August 19, 2002 12:10 PM
To: 'Sophia Lee'; Smart, John
Cc: 'Carrie
Micciche'; 'Tracy Flagg'
Subject: RE: L-1B Visa for
Sophia Lee
Ladies:
It is going to take some time to get a response from the liaison
for the
service center that should have issued Sophia's
approval notice following
her entry in April 2002.
In the meantime, there are a couple of options:
(1)
attempt travel as scheduled with I-94, passport and copy of packet
submitted to Peace Arch in April 2002 and see what happens; if
denied entry,
we proceed to other options; if admitted,
we follow up with service center
to get the approval
notice; (2) prepare new I-129 and employer support
letter and have it adjudicated at the chosen port of entry (this
would
require some quick action on everyone's part, but
is certainly workable from
our end).
Let me know how you want to proceed.
Best regards,
John D. Smart
WINSTEAD
5400 Renaissance Tower
1201 Elm Street
Dallas, TX 75270
Direct:
(214) 745-5495
Fax: (214) 745-5390
www.winstead.com
-----Original Message-----
From: Sophia
Lee [mailto:sophia@dieboldes.com]
Sent: Thursday, August 15, 2002 11:07 AM
To: JSmart@winstead.com
Cc: 'Carrie Micciche';
'Tracy Flagg'
Subject: RE: L-1B Visa for Sophia
Lee
Hi Mr. Smart,
In terms of your questions:
1. When and where did Ms. Lee encounter a
problem entering the
U.S.?
>> I
encountered a problem entering the U.S. on July 16 via the
YVR
>> Vancouver, B.C.) airport on route to Los Angeles, CA.
Previously,
>> I had no problem entering on many occasions using my new
I-94.
2. Also, did Ms. Lee get the new
I-94 at the Peach Arch in April
2002 or
another border crossing
location?
>> I received my new I-94 at the Peach Arch border crossing
location.
By the way, I am scheduled to travel to Los Angeles on August 20th.
Thank you all for your assistance on this matter.
-----Original Message-----
From: Tracy
Flagg [mailto:tracy@dieboldes.com]
Sent: August 15, 2002 6:56 AM
To: Sophia Lee
Cc: Carrie Micciche
Subject: FW: L-1B Visa for Sophia Lee
The message below is from John Smart, the Winstead attorney who
assisted
us
before in this
matter. In his message, he asks a couple of questions in
order to have a clear understanding of the situation. Please
review
this
message and forward
answers to Mr. Smart. Please copy Carrie Micciche
and
myself. Thank you.
Tracy
-----Original Message-----
From: Smart,
John [mailto:JSmart@winstead.com]
Sent: Wednesday, August 14, 2002 5:03 PM
To: 'Tracy Flagg'
Subject: RE: L-1B Visa for
Sophia Lee
Dear Ms. Flagg:
My recollection is that Sophia Lee was in Canada at the time she
needed
an
extension of her L
visa (i.e., her original L visa was soon to expire
when
she needed to return to the U.S.) I
prepared an extension packet for
submission to INS at
the Canadian border (which the INS border office
will
treat as a new L petition). The border
immigration/free trade officer
apparently reviewed and
approved her L petition/extension, as evidenced
by
her admission with a new I-94 departure date
of April 14, 2003. At that
point, my understanding
is that the free trade officer should have
forwarded
the paperwork to the applicable INS
service center, which would then
issue
the I-797 approval notice. I have never received an approval notice
for
Ms.
Lee. That could be
a result of several events: (1) the free trade
officer
didn't forward the petition to a service
center: (2) the free trade
officer
didn't forward the G-28 form to the service center; however, in
that
case,
an approval notice
should still have been sent to Global Elections
Systems
and/or Ms. Lee; (3) the approval notice
was lost in the mail; (4) for
reasons unknown, the
service center didn't adjudicate the new petition
and
issue an I-797.
A couple of things aren't clear to me from your email.
When and where
did
Ms. Lee
encounter a problem entering the U.S.? Also, did Ms. Lee get
the
new I-94 at the Peach Arch in April
2002 or another border crossing
location?
If you can provide this information, I can follow up with
the
appropriate
free trade
officer and/or service center and try to find out why no
I-797
was issued.
John D. Smart
WINSTEAD
5400 Renaissance Tower
1201 Elm Street
Dallas, TX 75270
Direct:
(214) 745-5495
Fax: (214) 745-5390
www.winstead.com
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