kishdam
03-17 10:18 AM
I was reading at immigration-law.com that a new bill SUSTAIN act is introduced by Lamar Smith in the house and is referred to the judiciary committee. This bill seems proposing the increase of H1B numbers from 65k to 195k. Does this bill have any EB related measures? This bill may be unlikely to get voted anytime soon but if it has some EB measures at least we get some exposure.
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monikainusa
03-20 11:07 AM
don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help
aadimanav
06-22 12:25 AM
Source:
The Oh Law Firm (http://www.immigration-law.com/)
06/21/2009: CIR and What's Ahead
On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
The Oh Law Firm (http://www.immigration-law.com/)
06/21/2009: CIR and What's Ahead
On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
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adurthy
07-06 01:33 AM
I was in the same boat 2 years before , I opted for Kaiser and it costed about $200 per month.
more...
bingl
04-16 11:02 AM
thanks weaseley ....
We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.
We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.
sandeep77
03-20 05:53 PM
bump
more...
MunnaBhai
12-21 10:48 AM
If you are from a minority community then she might help. Following her papa and UPA Govt.'s policies
:D:D:D:D
:D:D:D:D
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malibuguy007
02-06 05:38 PM
I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.
more...
gene-O
10-20 05:27 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
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andymajumder
09-22 09:33 PM
I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?
Many thanks
Many thanks
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snathan
09-29 09:21 AM
We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.
I never knew this....:D
I never knew this....:D
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forever_waiting
03-07 12:33 PM
I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.
How many members does IV have in total?
Around 30-40K
What % out of that total has not filed 485 yet?
Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.
1200 seems to be a good number
If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
How many members does IV have in total?
Around 30-40K
What % out of that total has not filed 485 yet?
Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.
1200 seems to be a good number
If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
more...
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vxg
07-25 05:48 PM
So, did you have to redo PERM for the manager's position or did your older PERM fly?
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
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schandra
12-01 05:44 PM
Thanks Better_Days for the reply.
It is response like these that give us some hope to this never ending quest.
It is good to know that you can file a New PERM and a second I-140.
But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?
It is response like these that give us some hope to this never ending quest.
It is good to know that you can file a New PERM and a second I-140.
But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?
more...
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immigrationvoice1
03-20 12:26 PM
Thanks walking_dude in explaining it so well. So, there will be major changes other than the Prez elections this year and next. Lets remain hopeful...:)
There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
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hpandey
01-02 02:16 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .
A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .
A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or
more...
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aarzoo
02-02 04:48 PM
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
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h4visa
07-27 12:24 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
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kaisersose
07-16 11:52 AM
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
pcs
05-31 11:56 AM
bump
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07-29 01:09 PM
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