الجمعة، 10 يونيو، 2011

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  • chanukya
    02-20 10:50 PM
    Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.

    I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.


    Is this something positive, that can give us some hope? There hasn't been any good news for a long time.




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  • singhsa3
    09-15 11:56 AM
    Thats the whole Idea!
    There is one more thread driving a similar initiative.
    http://immigrationvoice.org/forum/showthread.php?t=21493

    Why not get all of these threads and people together working on one target.




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  • vactorboy29
    10-09 02:33 PM
    Thank you guyes.I am trying to get hold of there chicago office but no luck so far.




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  • dealsnet
    01-13 10:13 AM
    Six years is the time you spent in USA. Not from the approval date. If you take vacation and go out from USA, you can deduct that period also.

    You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
    No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.


    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.
    Regards,
    Alex



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  • wellwishergc
    03-01 04:15 PM
    Logiclife,

    That makes perfect sense.

    My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?

    Thanks for taking the interest and posting the comment.

    What you mean is change the content of the webfax,not the format.

    Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).

    You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )

    Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.

    However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org

    Thanks for taking interesting and sharing your view.

    --logiclife.




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  • STAmisha
    07-27 03:12 PM
    Can I interfile even if PD is unavailable?



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  • stucklabor
    03-16 12:09 PM
    Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.

    Eb3_nepa, read my post closely; read the report as well, and then post again.

    I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.




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  • amsgc
    08-21 12:07 AM
    Also wanted to mention that your I-20 will have information on when the OPT was applied (at least that's how it was in my case). I got a new I-20 when I applied for OPT (indicating that it was pending), and then another one when it was approved.

    Another point - they generally approve the OPT and issue the EAD within three months. So now you have the month narrowed down to 3 (from the month of your approval).



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  • gcformeornot
    02-01 08:55 AM
    Hi,
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated
    ak

    so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?




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  • kaisersose
    07-18 03:26 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    1. Can we use AC21 provision without EAD card ?

    Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.

    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?

    Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.

    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.



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  • kumar1
    03-20 03:50 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.




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  • ashish.bhatia.h1
    04-06 07:45 AM
    Closed it with MetLife in October 2009 @ 5.25.. 3% down payment.. with Patterson Schwartz



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  • nchendica
    06-24 06:53 PM
    I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?


    Thanks,
    Naga

    Hi,

    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


    Please advice.

    Raj Soni




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  • meridiani.planum
    07-13 12:32 PM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny

    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.



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  • makemygc
    08-03 10:22 PM
    USCIS press release states that it has issued I-485 receipts upto July 11 2007
    and for Texas upto June 26, 2007
    Any link?




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  • Ennada
    01-29 11:05 PM
    Legalizing unauthorized immigrants would help economy, study says - CNN.com (http://www.cnn.com/2010/POLITICS/01/07/immigration.economy/index.html#cnnSTCText)

    Washington (CNN) -- Legalization of the more than 11 million unauthorized immigrants in the United States would raise wages, increase consumption, create jobs and generate more tax revenue, two policy institutes say in a joint report Thursday.

    The report by the Center for American Progress and the American Immigration Council estimates that "comprehensive immigration reform that legalizes currently unauthorized immigrants and creates flexible legal limits on future immigration" would yield at least $1.5 trillion in added U.S. gross domestic product over a 10-year period.

    "This is a compelling economic reason to move away from the current 'vicious cycle' where enforcement-only policies perpetuate unauthorized migration and exert downward pressure on already low wages, and toward a 'virtuous cycle' of worker empowerment in which legal status and labor rights exert upward pressure on wages," study author Raul Hinojosa-Ojeda writes.

    The study looks at three scenarios: deportation of undocumented workers, temporary worker programs and legalization of the current undocumented population. Deportation would lead to a loss of $2.6 trillion in gross domestic product over 10 years, the report says, while a worker program would lead to a gain of $792 billion. Full legalization would lead to the best economic results, the study says.

    Other groups, such as the Center for Immigration Studies and the Federation for American Immigration Reform, say that unfettered immigration harms the United States and that entry into the nation must remain limited.

    When running for president in 2008, Barack Obama said that comprehensive immigration reform would be a priority in his administration, but the issue has been sidelined by health care reform efforts in Congress, the weak economy and the wars in Iraq and Afghanistan.

    There are indications, however, that the Obama administration aims to revive immigration reform efforts in Congress this year.

    The study bases many of its conclusions on an examination of what happened after passage of the Immigration Reform and Control Act of 1986, which granted legal status to 3 million unauthorized immigrants.

    A 2006 Pew Hispanic Center report found that 56 percent of illegal immigrants in the United States in 2005 were from Mexico, a total of about 6.2 million unauthorized immigrants.

    About 2.5 million unauthorized migrants, or 22 percent of the total, came from the rest of Latin America, primarily from Central America, the Pew Hispanic Center study found.

    Of the remaining illegal immigrants, about 13 percent were from Asia, and 3 percent were from Canada and Europe, the Pew study said.

    The report released Thursday says U.S. enforcement efforts -- mainly along the nearly 2,000-mile border with Mexico -- are costly and ineffective.

    "The number of unauthorized immigrants in the United States has increased dramatically since the early 1990s despite equally dramatic increases in the amount of money the federal government spends on immigration enforcement," study author Hinojosa-Ojeda writes.

    According to the report, the U.S. Border Patrol says its annual budget has increased by 714 percent since 1992, from $326.2 million in fiscal year 1992 to $2.7 billion in fiscal 2009. And the cost ratio of Border Patrol expenditures to apprehensions has increased by 1,041 percent, from $272 per apprehension in 1992 to $3,102 in 2008.

    Similarly, the Border Patrol says the number of agents along the border with Mexico has grown by 390 percent, from 3,555 in fiscal 1992 to 17,415 in 2009.

    "Yet the unauthorized immigrant population of the United States has roughly tripled in size over the past two decades, from an estimated 3.5 million in 1990 to 11.9 million in 2008," the report says, noting that illegal immigration appears to have declined slightly since 2007 as a result of the global recession.

    The report points out that a long-term study conducted by the University of California, San Diego, found that 92 to 98 percent of unauthorized immigrants keep trying to cross the border until they succeed.

    Increased enforcement has several unintended consequences, such as making the Southwestern border more lethal by channeling migrants through remote and rugged mountain and desert areas, the study found. The number of border-crossing deaths doubled in the decade after increased border enforcement started, a 2006 Government Accountability Office report said.

    An October 2009 report by the American Civil Liberties Union of San Diego & Imperial Counties and Mexico's National Commission of Human Rights estimates that 5,607 migrants died while crossing the border between 1994 and 2008.

    Tightened borders also have created new opportunities for people smugglers, who charged an average $2,000 to $3,000 per person in 2006, the study said. Ninety percent of illegal immigrants now hire smugglers, according to the report.

    An examination of trends after the 1986 immigration reform law shows that legalization of unauthorized immigrants has benefits, the report says. Legalized workers earned more, moved on to better jobs and invested more in their education so they could get higher pay and better jobs.

    A previous study found that "the wages of unauthorized workers are generally unrelated to their actual skill level," Thursday's report said.

    "Unauthorized workers tend to be concentrated in the lowest-wage occupations; they try to minimize the risk of deportation even if this means working for lower wages; and they are especially vulnerable to outright exploitation by unscrupulous employers. Once unauthorized workers are legalized, however, these artificial barriers to upward socioeconomic mobility disappear."

    Study author Hinojosa-Ojeda is founding director of the North American Integration and Development Center at the University of California, Los Angeles.

    The self-described progressive Center for American Progress is a nonpartisan research and educational think tank headed by John Podesta, who was chief of staff for President Bill Clinton.

    The Immigration Policy Center, established in 2003, also is a nonpartisan institute.

    The report, titled "Raising the Floor for American Workers, The Economic Benefits of Comprehensive Immigration Reform," can be found on the Web.



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  • psaxena
    05-04 11:16 AM
    My case is in Nebarska.. is their an email for that location?

    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.




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  • anjans
    07-10 08:15 PM
    Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?




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  • chanduv23
    09-17 03:18 PM
    Chanduv23,

    I am sure your words of encouragement were well taken by everyone.
    You did well, encouragement is encouragement....
    "Even though eagles have best flying skills...still they need a push"

    best

    Definitely - thanks.

    We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.

    I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.

    Remember - if you don't care for your farmers - after a while - you won't have food.

    Life is not all about being lethargic and not caring for things that matter

    When things go bad it is we who have to correct them - we must make sure they never happen to our children

    Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.

    Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on

    Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.

    All we have to do is to unite and stand up for oursleves.

    So, lets all go to DC and support IV for taking up this wonderful task

    Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.




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    11-05 03:16 AM
    87 Members ..That is Super...Hope you get to 100 soon...Good Luck Texas IV Team...!




    texcan
    08-25 10:06 PM
    Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?

    I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.

    To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
    What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.



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