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  • willigetgc?
    08-04 08:31 AM
    I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.

    You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.





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  • styrum
    01-23 11:47 AM
    Thank you for contacting me regarding the immigration debate in the
    U.S. Senate. It was good to hear from you.

    As you know, in the 109th Congress, the Senate considered changes to
    immigration law. These efforts would affect more than just undocumented
    workers here in the United States � it would affect every American in
    one way or another.

    I supported the bipartisan Comprehensive Immigration Reform Act of
    2006, S. 2611, when it was considered in the Senate during the 109th
    Congress. This bill would have provided many new provisions for border
    security and enforcement and to address legal and illegal immigration. The
    legislation would have provided funding to reinforce hundreds of miles
    of existing border fences and establish a �virtual fence� comprised
    of cameras, sensors, automated aerial surveillance tools, and other
    security measures. The bill would also have authorized funding for
    additional Customs and Border Patrol agents to assist with security efforts,
    and required employers to have a system to verify the required
    documentation from potential workers. S. 2611 would have increased the number
    of visas for high-skilled workers, including those who have earned an
    advanced degree. Finally, the bill would not have allowed for amnesty,
    but it would have provided a meaningful way to address the legal status
    of undocumented workers who currently live in our country.

    Under the Senate proposal, undocumented workers could have earned legal
    status after completing all the requirements to begin to adjust their
    legal status. These requirements include filing an application, payment
    of all fines, fees, and back federal income taxes, and providing proof
    of being physically present in the United States and being employed for
    five years prior to the bill�s enactment. Undocumented workers must
    then continue to show proof of employment and being present for at
    least six years after the bill would have gone into effect. Individuals
    must also demonstrate basic citizenship skills, pass security and law
    enforcement requirements, and complete Selective Service registration
    requirements.

    As you may know, the comprehensive immigration bill passed the Senate
    on a bipartisan vote with the support of the White House. The House of
    Representatives passed another version of immigration reform that
    emphasized enforcement only. Instead of meeting in conference to negotiate
    differences in the respective bills, the House held a series of public
    hearings around the country, and refused to meet with Senate
    negotiators, and the 109th Congress ended without this issue being addressed.

    I believe that we need a comprehensive approach to immigration reform.
    Enforcement is important, and securing our borders is important. But
    if we focus only on enforcement and border security, then we will only
    have addressed part of the problem. Many of the current proposals are
    unworkable and would ultimately cause more harm to our economy and our
    country. Our immigration policy should also provide positive change for
    the future of our country. We should make sure our actions reflect our
    security, our economy, and the opportunity that America has offered for
    generations of immigrants.

    As we move forward to the 110th Congress, please know that I will keep
    your thoughts in mind as Congress begins to work on immigration reform.
    If you would like to know more about my work in the Senate, please
    visit my website at http://murray.senate.gov/updates/.

    Again, thank you for taking the time to share your thoughts with me.
    Please keep in touch.

    Sincerely,


    Patty Murray
    United States Senator





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  • indianindian2006
    03-24 07:47 PM
    Does a dentist qualify under STEM.Please advice.





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  • gc_wow
    10-26 07:42 PM
    Talk to cop in Telugu, legally in any democratic country you are free to choose the religion you want or language you like.



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  • kishorep914
    05-17 08:55 PM
    I have been getting only 1 year extension after my first 3 years of H1. My I-140 has been approved in My 2nd year of my H1 visa. So it entirely depends on the USCIS discretion.





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  • a.j.2048
    03-04 04:43 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra

    People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.



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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.





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  • agiyer
    02-06 05:31 PM
    Hello,
    I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
    A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
    But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?

    Thanks & Regards,
    Anand



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  • eb3_nepa
    08-09 01:40 PM
    First off it is Alien REGISTRATION number and you can find it on the newer I-140 approvals OR you can use your OPT EAD card A# if you were ever on an F1.

    IT IS NOT your passport number and it is issued by the USCIS. If you dont have it check with ur lawyer. If you are not sure pls leave it blank.





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  • hpandey
    11-05 12:23 PM
    If she gets her H1 visa stamped while returning and then uses that to re-enter the country then even if the I-485 gets rejected then she can continue on her H1 visa and will not be Out of Status. That is a good strategy to maintain status with pending I-485.



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  • naidu
    12-09 10:21 AM
    We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.





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  • FinalGC
    09-22 10:22 AM
    dude:

    Go and find another job in the another company......



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  • Canadianindian
    07-22 01:38 PM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?





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  • Refugee_New
    08-02 02:41 PM
    write letters to congressman and fill form for ombudsman.

    You should get ur GC.

    I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?

    I did everything except sending letter to UK Prime minister?????????



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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.





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  • JunRN
    12-17 04:02 PM
    Let me answer:

    During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.

    If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.

    If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.

    What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.

    If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.

    If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.

    Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.



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  • AGC4ME
    02-12 10:06 AM
    I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.





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  • GCAmigo
    04-30 01:44 PM
    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!

    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"





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  • gcpadmavyuh
    07-27 12:28 AM
    What was the date of I485 approval? And when did the wife's 485 reach USCIS?

    My friend has a unique situation. Please help out with your advise.

    He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).

    Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.

    Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.





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    03-04 05:26 PM
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    coolpal
    03-20 09:34 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    That is true, and I know a lot of people who did that including my wife in 2006.

    pal :)



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