desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
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bkarnik
11-28 03:42 PM
In response to my query to my attorney about the FP notices see her response below. And this is from an Attorney with 20+ years of immigration law experience. Anybody else in the same boat??:(
"I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.
Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.
After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."
"I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.
Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.
After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."
wikipedia_fan
04-09 02:52 PM
Good information, thank you.
In fact it should be the other way around
Appeal - should have Fee
MTR must not have a fee
But we never wrote these laws nor were we kept in mind when these laws were written.
The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.
At the end of the day it is all about Money, everyone has their piece of cake.
In fact it should be the other way around
Appeal - should have Fee
MTR must not have a fee
But we never wrote these laws nor were we kept in mind when these laws were written.
The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.
At the end of the day it is all about Money, everyone has their piece of cake.
2011 teenage-dream%2FKaty+Perry
rdehar
07-17 10:33 AM
Clear IE/Firefox temp cache to view refreshed page. I had to do it (pressing F5 20 times did not make a difference). The dates are now updated to July 16, 2007.
more...
NKR
03-22 08:57 PM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Dude,
Be specific and say that your PD is current, I was wondering when EB2 India become current.
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Dude,
Be specific and say that your PD is current, I was wondering when EB2 India become current.
ragz4u
03-16 03:43 PM
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
Check out the following article from the OC register here http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!
WASHINGTON � The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week�s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist�s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader�s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program � most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
Check out the following article from the OC register here http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!
WASHINGTON � The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week�s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist�s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader�s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program � most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
more...
coopheal
08-10 09:52 AM
.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
I am not saying to you in particular.
But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
I am not saying to you in particular.
But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.
2010 Katy Perry - Teenage Dream
ragz4u
03-16 01:32 PM
http://www.aila.org/content/default.aspx?docid=18845
Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.
Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!
Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.
Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"
Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.
Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.
Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.
Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.
Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.
Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.
Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.
Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.
Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.
Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.
Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!
Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.
Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"
Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.
Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.
Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.
Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.
Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.
Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.
Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.
Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.
Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.
more...
chanduv23
03-26 01:58 PM
What about H4 spouses or secondary GC applicants who are not working? How will they get DL if the DMV is asking for EVL or pay stubs?
Hmmm EVL could be their spouse's? EVL?
Hmmm EVL could be their spouse's? EVL?
hair Katy perry teenage dream album
gc28262
06-24 12:33 PM
No way CIR or any form of amnesty for illegal will happen in the next few year.
Immigration is one thing where majority of americans are united in controlling illegal population.
It can pass Senate but House it will never pass.
Moment CIR comes up, the right wing will arouse the masses. House members focus on more
local issues and in many districts people dont want illegal amnesty or CIR. They want a crackdown.
Democratic members in the House will never pass CIR against a Republican opposition otherwise they will pay a heavy price in the election.
In fact democratic party was able to get the house by selecting conservation candidates in the
conservative districts. Thats was the Howard dean/Rahm emanuel strategy. Select candiates who can win rather than candidates who are steadfast with core democratic party principles.
Thus you have democratic party members like Jim Webb who are adrent supporters of the NRA
(pro guns) in a state like Virginia.
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
Immigration is one thing where majority of americans are united in controlling illegal population.
It can pass Senate but House it will never pass.
Moment CIR comes up, the right wing will arouse the masses. House members focus on more
local issues and in many districts people dont want illegal amnesty or CIR. They want a crackdown.
Democratic members in the House will never pass CIR against a Republican opposition otherwise they will pay a heavy price in the election.
In fact democratic party was able to get the house by selecting conservation candidates in the
conservative districts. Thats was the Howard dean/Rahm emanuel strategy. Select candiates who can win rather than candidates who are steadfast with core democratic party principles.
Thus you have democratic party members like Jim Webb who are adrent supporters of the NRA
(pro guns) in a state like Virginia.
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
more...
ItIsNotFunny
06-26 02:52 PM
Brahmam and Company -
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.
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zCool
01-03 07:10 PM
polygamy is not recognised under US immigration laws!
It's illegal to marry more than 1 person here..
It's illegal to marry more than 1 person here..
more...
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shantanup
11-19 05:51 PM
You are absolutely right that
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
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gvenkat
10-31 12:22 AM
Applied for EAD on Aug 30th, Receipt notice was on Sep 3rd and Got email yesterday saying card production ordered. Nebraska Service center.
Now waiting for AP to be approved. Applied on Aug 30th. Receipt notice on 3rd Sep, LUD on 10th Sep.. Texas service center. Thinking it should not be long.
Now waiting for AP to be approved. Applied on Aug 30th. Receipt notice on 3rd Sep, LUD on 10th Sep.. Texas service center. Thinking it should not be long.
more...
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gianik
05-25 10:07 AM
O.K. I know it's not the place for this discussion as we need to be optimistic and strong, instead of jumping the ship....
However, after years of wait (which perhaps was not that long compared to many others) and after sobber look at how much longer this may take I start to wonder if it worth it? I am starting to take what used to be a plan B - moving to Canada - more seriously now.
Does any one else have this thoughts or am I the only traitor?
However, after years of wait (which perhaps was not that long compared to many others) and after sobber look at how much longer this may take I start to wonder if it worth it? I am starting to take what used to be a plan B - moving to Canada - more seriously now.
Does any one else have this thoughts or am I the only traitor?
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bujjigadu123
02-22 03:31 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Further to my above post, I have following questions
1) Once the client side project is completed (assuming the employer is paying to employee), how much period we can stay waiting for a new project? Is there any limit of the period?
2) Once the pay from an employer is stopped, with in how much period, one has to go to home country? Is there any limit?
3) Can an employee stay (assuming he is getting paid) with out client side project and working on skill upgrade and waiting for a new project?
4) What are the documents I should be ready with? I am staying with my family.
I have following documents with me:
a) LCA,
b) Passport for me and my family
c) valid visa recently stamped for me and for family
d) approval notice,
e) employment offer letter,
f) clinet appreciation letters print outs,
g) past experience letters,
h) all pay stubs for my period of stay in USA.
Please reply.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Further to my above post, I have following questions
1) Once the client side project is completed (assuming the employer is paying to employee), how much period we can stay waiting for a new project? Is there any limit of the period?
2) Once the pay from an employer is stopped, with in how much period, one has to go to home country? Is there any limit?
3) Can an employee stay (assuming he is getting paid) with out client side project and working on skill upgrade and waiting for a new project?
4) What are the documents I should be ready with? I am staying with my family.
I have following documents with me:
a) LCA,
b) Passport for me and my family
c) valid visa recently stamped for me and for family
d) approval notice,
e) employment offer letter,
f) clinet appreciation letters print outs,
g) past experience letters,
h) all pay stubs for my period of stay in USA.
Please reply.
more...
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paskal
08-24 01:33 AM
I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.
Anyways, I think the moderators should not forget that this is an open forum also.
2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.
3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.
Good Luck to all of you
i would especially like to address the gentle member above.
dear friend, iv moderators have not forgotten this is an open forum. otherwise this wonderful discussion may not have existed for everyone's pleasure.
please let me know which moderator (and when) has been pushy and abusive.
please choose your words carefully.
remember it's an open forum? or did you already forget. if an individual member chooses to use that to push for participation, then why object so loudly? or is it open only to views you like?
as for being convinced, good luck pal. if the current state of retrogression won't convince you to travel a hop skip and jump away from your comfortable home to DC, then maybe a few years of waiting or name checks or god forbid- loss of a job will. you are a free being. but a wise person learns from others who have taken the knocks already. that we don't learn- is precisely the reason we are here today.
Anyways, I think the moderators should not forget that this is an open forum also.
2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.
3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.
Good Luck to all of you
i would especially like to address the gentle member above.
dear friend, iv moderators have not forgotten this is an open forum. otherwise this wonderful discussion may not have existed for everyone's pleasure.
please let me know which moderator (and when) has been pushy and abusive.
please choose your words carefully.
remember it's an open forum? or did you already forget. if an individual member chooses to use that to push for participation, then why object so loudly? or is it open only to views you like?
as for being convinced, good luck pal. if the current state of retrogression won't convince you to travel a hop skip and jump away from your comfortable home to DC, then maybe a few years of waiting or name checks or god forbid- loss of a job will. you are a free being. but a wise person learns from others who have taken the knocks already. that we don't learn- is precisely the reason we are here today.
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lazycis
02-28 12:51 PM
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.
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Sheila Danzig
02-25 01:52 PM
I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.
With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.
The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).
If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.
The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).
If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
nandakumar
02-14 07:06 PM
I live in south bay and would definitely like to join.
Dhundhun
07-19 05:55 PM
I think remove "cruel" word from title.