lutherpraveen
09-19 06:44 PM
Lying on the table.... End of discussion.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
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Imm_Exploited
07-30 11:00 AM
I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
SmileyFace
03-18 11:08 PM
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
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Jaime
08-06 12:12 PM
Yeah, why not? As long as Legals ALSO get green cards!
On The Washington Post today:
A Less Ambitious Approach to Immigration
By Arlen Specter
Monday, August 6, 2007; Page A17
The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.
Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.
So let's take a fresh look and try a narrower approach.
There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.
The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).
This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?
Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.
Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.
It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.
The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.
On The Washington Post today:
A Less Ambitious Approach to Immigration
By Arlen Specter
Monday, August 6, 2007; Page A17
The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.
Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.
So let's take a fresh look and try a narrower approach.
There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.
The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).
This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?
Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.
Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.
It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.
The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.
more...
aachoo
02-21 01:33 AM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a
ganugapati
06-18 02:21 PM
My current visa status is I-140 approved, I-485 pending, EAD and AP approved.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
more...
msp1976
03-31 08:55 AM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
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cmhasan
07-07 02:44 PM
Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
more...
roseball
04-14 07:22 PM
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
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sr77
09-26 01:00 PM
Please update profile before someone can help.
Just did it. I put in the information that I have.
Just did it. I put in the information that I have.
more...
glus
05-31 12:52 PM
Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.
J
J
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monkeyman
01-29 06:06 PM
Just sit tight - It will take them around 7 to 8 months to issue the GC. You should also receive the EAD card soon and hopefully it will be the last EAD Card.
more...
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LayoffBlog
01-27 01:32 PM
Caterpillar, seeing sales for its bulldozers and other heavy equipment sinking in a worldwide economic mire, said Monday that its business was �whipsawed� during the fourth quarter and that it would eliminate 20,000 jobs in the face of a �very tough� 2009.Caterpillar announced the staff reductions as part of its fourth quarter earnings report, released [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1235&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)
More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)
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nzhind
07-11 10:07 AM
I recently got this job at a check printing (http://www.chequeprint.ca/check-printing.php) company in the US. They create custom made business checks (http://www.chequeprint.ca/check-printing.php). The catch is that i need to take care of all my visa procedures myself. What are the procedures involved with regard to medical exams? Can anybody please help me out with this?
more...
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vin13
01-16 10:24 AM
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
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Eternal_Hope
12-21 06:30 AM
I think she should be apprised of pains in getting green cards for skilled workers from India, by ImmigrationVoice.
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
more...
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kk_kk
02-03 06:51 PM
I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
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looivy
08-15 11:24 AM
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
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monkeyman
10-17 01:14 PM
No, you are expected to fill up all the forms and only once you confirm the appointment (I do not know how much time) - but you will be able to go back in later and print out all the forms. Or if you provide the e-mail id, the system automatically sends you the appointment confirmation along with DS-156 and DS-157.
gene-O
10-20 06:18 PM
1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.
harivenkat
05-11 03:21 PM
Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,