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# FW: L-1B Visa for Sophia Lee

- To: <announce@dieboldes.com>
- Subject: FW: L-1B Visa for Sophia Lee
- From: "Tracy Flagg" <tracy@dieboldes.com>
- Date: Tue, 20 Aug 2002 08:44:49 -0500
- Importance: Normal

Please let me know if anyone is operating on a Visa. We want to make sure no one slips through the cracks in having their Visa updated. Thank you.
Tracy
-----Original Message-----
From: Miller, Sharon [mailto:MillerS@diebold.com]
Sent: Tuesday, August 20, 2002 7:47 AM
To: Micciche, Carrie; Flagg, Tracy
Subject: RE: L-1B Visa for Sophia Lee

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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THIS COMMUNICATION IN ERROR, PLEASE PERMANENTLY DELETE THIS MESSAGE AND
IMMEDIATELY NOTIFY US BY TELEPHONE.

INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE AND MAY CONTAIN LEGALLY PRIVILEGED AND/OR
CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS COMMUNICATION IN ERROR, PLEASE PERMANENTLY DELETE THIS MESSAGE AND
IMMEDIATELY NOTIFY US BY TELEPHONE.

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