Wednesday, June 8, 2011

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  • thomachan72
    11-05 07:26 AM
    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.

    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.





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  • brad_sk2
    08-14 06:22 PM
    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.





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  • JazzByTheBay
    08-01 08:36 PM
    It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.

    It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).

    jazz

    I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)





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  • thomachan72
    09-14 06:30 AM
    You cannot work with an expired EAD. End of the story.

    But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.

    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?



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  • wandmaker
    12-30 12:17 PM
    Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln

    We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).





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  • waitingonlc
    02-13 03:50 PM
    Immigration plan looms in Congress
    By Michelle Mittelstadt
    The Dallas Morning News, February 12, 2006
    http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immigdog_12nat.ART0.State.Edition1.3eb24c4.html

    Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.

    Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.

    A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.

    'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'

    The topic is fraught with economic, national security, social, diplomatic and political implications.

    Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.

    The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?

    Choosing a direction

    The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.

    The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.

    But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.

    'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'

    The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.

    As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.

    In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.

    Public divided

    The public is deeply conflicted.

    Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.

    A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.

    So, how do policymakers thread the needle?

    'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.

    'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'

    She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.

    'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.

    The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.

    But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.

    'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.

    Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.

    'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.



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  • nozerd
    01-15 01:34 PM
    Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.

    1) Pension that is available every month for life.

    2) Free treatment at Army Hospitals.

    3) Subsidised cost at Military Canteen facilities for provisions etc.





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  • reddymjm
    06-13 05:43 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
    PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.



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  • YesWeWillGet
    09-26 09:45 PM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you





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  • Libra
    09-14 11:52 AM
    DO YOU WANT TO WIN OR DO YOU WANT TO LET LOU DOBB WIN, YOU DECIDE.



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  • raysaikat
    07-31 10:08 PM
    Hello All,
    I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
    Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?


    please advsie..
    thank you
    Tina

    Permanent residency in United States has no jurisdiction over Australia. That should have been obvious.

    In any case, once the I/O at the Sydney airport stamped the australian VISA, it has in effect been canceled, in the sense that you cannot use that VISA to reenter Australia. If you want to go to India (for that matter, anywhere outside Australia), and then you need to get Australian VISA again in order to reenter Australia.

    So, go to India, book VISA appointment at Australian Consulate near your place in India, get another Australian VISA, and then return to Australia.





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  • gc2
    09-17 11:05 AM
    thanks for your response. To clarify

    1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?

    2. i did'nt realize that i cant pay for H renewal.

    Many thanks for your response.



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  • larmani
    08-13 11:35 PM
    I am also in the same boat.

    I have an earlier approved I-140 from my previous company (PD : 30 Nov 2005). In addition, I also have an approved I-140 from my current company (PD: 27 March 2007). However, my latest I-140 still shows the priority
    date of 27 March, 2007. As My old priority date is current, my attorney sent a letter to TSC requesting for recapture of my previous priority date. But, TSC sent a reply back saying that we should contact National
    Service Center. HUG..!!

    Did any one in the similar situation? How did you resolve?


    Appreciate your help.





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  • JA1HIND
    01-24 01:44 PM
    Yeh you guys are right, almost everyone is doing it. Don't know whats up with her.....

    If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)

    not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!



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  • msyedy
    03-28 11:13 AM
    You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.

    If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
    As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.

    Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.

    Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.

    Issues have happened with many of my friends.





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  • logiclife
    01-02 11:34 AM
    All set

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?


    Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.

    Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.

    AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.



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  • garika
    12-30 07:22 PM
    I agree with the monetary clout aspect of the argument and would participate in such an effort. I also feel we have to initiate high visibility events on the lines of the DC event. Two suggestions I would like to float,

    (1) Can state chapter memberships be made paid for with annual memberships. There are efforts to channelize information through the state chapters (and rightly so) - there could be others such benefits that can be made available in due course.

    (2) Can we extend/magnify the entrepreneural theme of IV (beyond a discussion thread) by having a substantial program dedicated to the entrepreneurship aspirations of a good number of IV members - have a business plan competition amongst members, garner support of successful immigrant entrepreneurs as part of the program, have webinars to educate legal aspects and barriers faced (due to our limbo). In essence, make visible the entrepreneural potential locked. Also, it might help transform our image from job takers to job creators. We can partner with other entrepreneural support organizations to fund the program. If we can execute a truly great Business Plan competition and attract venture capital funds we can have certain percentage of venture funding go to IV. If IV members and core think that this suggestion has some merit, I can help evaluate/extend/shape the idea with other like minded individuals.





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  • jasmin45
    07-16 07:01 PM
    It was worth a try. Oh well !
    Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.

    Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol





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  • srini1976
    07-11 04:44 PM
    :D Congrats dude!





    PD_Dec2002
    03-08 11:18 PM
    Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

    I am also copy pasting the same content if you cannot open my link.

    How to record departure from the United States after the fact.
    Question: I did not turn in my I-94 when I left the U.S., what should I do?
    Answer:

    If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

    If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    * ACS - CBP SBU
    * 1084 South Laurel Road
    * London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    *
    Original boarding passes you used to depart the United States;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:
    *
    o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    o Dated bank records showing transactions to indicate you were in another country after you left the United States,
    o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    Regards,
    Jayant





    USDream2Dust
    06-14 09:53 AM
    We have excellent scores and me and my wife would be both on mortgage.



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