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07-13 12:48 PM
AILA Leadership Has Just Posted the Following:
The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)
Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()
Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."
Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."
In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.
Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)
The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)
Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()
Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."
Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."
In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.
Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)
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kevinkris
09-20 12:40 AM
saileshdude, what are your details like PD, Service Center, RD, ND etc?
I called NSC, but not info other than pending status.
Excited & Tensed !!
Between, what is G-28 ?
I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation
Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?
Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?
I called NSC, but not info other than pending status.
Excited & Tensed !!
Between, what is G-28 ?
I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation
Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?
Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?
EB2_Jun03_dude
04-22 12:29 PM
I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
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flyfishertoo
August 7th, 2004, 06:11 AM
I left a comment in your gallery yesterday. Overall I like the picture, but I think it just too over exposured. I enjoyed the entire series.
more...
somegchuh
10-29 05:37 PM
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Administrator2
11-07 04:53 PM
Dear IV Members,
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
more...
amitjoey
07-24 03:29 PM
It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.
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pbuckeye
01-27 03:50 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
more...
gclabor07
08-25 07:34 PM
Friends,
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
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dassumi
03-02 04:07 PM
If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?
Anyone?
Anyone?
more...
mariner5555
04-29 04:00 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)
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pappu
08-06 03:01 PM
Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.
Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
This is a gray area and tough to get a correct advice easily.
This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.
I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.
and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
will post more on this thread as I find more info
Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
This is a gray area and tough to get a correct advice easily.
This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.
I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.
and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
will post more on this thread as I find more info
more...
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raysaikat
12-05 06:02 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
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vine93
11-10 04:24 PM
it happened to me also. Pl check the number you have provided in your profile. IV cordinator tried to call me at the old number which I had given into profile. once I updated the new number and talked to them , I was able to see as Donor.
This is just to make sure right person are having Donor access.
This is just to make sure right person are having Donor access.
more...
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la_guy
06-27 08:06 PM
______________________________
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tawlibann
07-09 01:25 PM
What is your PD & EB Category please?
How is that relevant? The guy said the date is not current.
I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.
How is that relevant? The guy said the date is not current.
I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.
more...
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dc2007
06-30 09:41 AM
Anybody please help me.. If its possible I want file PERM asap.
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Abhishika
12-13 06:32 AM
Hi All,
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
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bigboy007
11-10 10:35 AM
only option lobbying and fix in congress... if we are worried take a 1/2 hr time off every month meet the lawmaker and seek his/her help.
hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
fromnaija
12-16 12:10 PM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
No, you don't have to go out of the US. File I-539 including documents from school.
Thanks
No, you don't have to go out of the US. File I-539 including documents from school.
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