Wednesday, June 8, 2011

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  • optimist578
    03-18 01:05 PM
    Most of the pro-immigrant bills donot seem to have cosponsors, whereas, the anti-immigrant/security-enhancing/american-jobs-protecting bills have a lot of support.

    A small list of bills I found somewhat relevant to our issues...
    -----------------------------------------------------------------

    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)

    H.R.938 : To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.
    Sponsor: Rep Gingrey, Phil [GA-11] (introduced 2/8/2007) Cosponsors (17)

    H.R.19 : To require employers to conduct employment eligibility verification.
    Sponsor: Rep Calvert, Ken [CA-44] (introduced 1/4/2007) Cosponsors (24)

    H.R.132 : To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (2)

    H.R.98 : To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
    Sponsor: Rep Dreier, David [CA-26] (introduced 1/4/2007) Cosponsors (24)

    H.R.842 : To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.
    Sponsor: Rep Norwood, Charles W. [GA-10] (introduced 2/6/2007) Cosponsors (None)

    H.R.131 : To impose a mandatory minimum sentence on a deportable alien who fails to depart or fails to attend a removal proceeding.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (1)




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  • harikris
    12-05 09:56 PM
    Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

    I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.

    Thanks.




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  • fromnaija
    03-18 04:17 PM
    So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.

    Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.




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  • snathan
    04-28 08:18 PM
    Hi Folks!

    I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.

    Thanks a lot in advance

    Ravi

    I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.

    Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.



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  • eb2_mumbai
    09-11 10:27 AM
    I can share my experience. I had BE + 3 Yr Exp + MS + 1.5 Yr Exp when I filed for GC. My employer filed the labor that was MS + 0 Yr exp. He said we cannot claim 1.5 Yr post MS since it was in house experience. The experience I gained after BS was not eligible so he said the post would go as MS + 0 . We did attach my experience certificate for work after BS (nothing for work experience in the same company) as supplimental qualification.

    I know lots of friends working in expedia who were hired from our graduate school and their labor were all MS + 0 in EB2




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  • immigrant2007
    07-19 09:05 PM
    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!

    Hi Rajenk

    thanks for the information



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  • shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.




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  • antihero
    11-27 12:51 AM
    I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.

    Hi Guru,

    So did you have any other US visa in your passport, or were you carrying just AP document?



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  • gc_in_30_yrs
    09-12 08:15 PM
    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

    Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.




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  • BharatPremi
    03-17 02:33 PM
    No



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  • boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)




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  • roseball
    04-14 07:22 PM
    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....



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  • shirish
    10-08 11:47 AM
    Received an email on friday, Card production rdered for the EADs for both of us.


    Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
    PD - sept 05 EB2 India-
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    485- RN - Not received
    EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX

    Hope every will get it soon.




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  • CaliGC
    06-15 02:49 PM
    I am sorry I have no answer to your question but I would like to know how you found out the exact dates your names was cleared. This would be useful info for a lot of us here. Appreciate if you could share this with this forum
    Well, I got to know in two ways.

    1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).

    2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.

    Hope this helps.



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  • GC_1000Watt
    12-09 05:14 PM
    I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
    on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?


    Until when can I stay in the us?


    Should my employer appeal the case and by when should he do that, is there premium processing for this?


    How long does the appeal process take ?


    Can I work while the case is appealed?


    How many days can I stay in us after the case is appealed?


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


    What are the chances of approvals in Premium processing in Current Market?


    Can I start working once the receipt for the new h1b petition comes in?


    If not, can I work once the h1 is approved or should I go to India and reenter to start working?

    Can i transfer my approved I140 to a new employer ?

    I will really appreciate your feedback on this.

    Thanks in advance.




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  • chanukya
    05-25 11:09 PM
    Thank you very much from our hearts to QGA.
    Thank you for taking up our cause.....
    Thank you for helping us.....
    Thank you for saving us....
    Thank you......for beleiving in our real and genuine issues
    Thank you.....Thank you....Thank you....



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  • SunnySurya
    08-03 09:42 PM
    I think thousand is over exagerated. Most people have filled their application at NSC.
    I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
    Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....




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  • Neocrack
    04-19 11:31 PM
    I had the same situation:
    1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)

    2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).




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  • dartkid31
    05-18 12:13 AM
    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.


    Has there already been a vote to kill F4? If so, do you know what the amendment nummber is? Thanks.




    eb3retro
    09-10 08:45 AM
    ^^^^^ bump..


    can you show me a single post in iv that states that they have travelled after applying for ap, and come back with an ap. May be i missed it.




    TeddyKoochu
    09-25 11:30 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.



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