Wednesday, June 8, 2011

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  • delax
    08-23 10:38 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......





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  • Blog Feeds
    04-26 11:30 AM
    AILA Leadership Has Just Posted the Following:



    All eyes are on Governor Jan Brewer today.

    On her desk is SB 1070, an anti-immigrant bill which would effectively make all Latinos the target of arrest or interrogation, whether or not they are U.S. citizens, lawful immigrants, or undocumented foreign nationals. Indeed, such a hate-motivated bill may well compel all Latinos to pack up and leave the state. Brewer's choice is clear to anyone who cherishes freedom and democracy�veto SB 1070, and toss it into the dust bin of history where it belongs, together with Jim Crow, the Nazi Nuremberg laws, and South African Apartheid.

    But, believe it or not, the Governor is actually considering signing this venomous bill into law. Last night, in yet another surreal Arizona moment Governor Brewer addressed the 41st annual Chicanos Por La Causa anniversary dinner amid calls in the audience for her to veto SB 1070 and surrounded by protesters that chanted and marched outside the Sheraton Phoenix Downtown Hotel where the dinner was held. At the dinner, organization board chairwoman Erica Gonzalez-Melendez urged Brewer to veto "the most hateful piece of legislation directed at Latinos" aptly pointing out that SB 1070 will do nothing to fix our broken immigration system and only "panders to the racist fear mongers of our state." But, Governor Brewer refused to say what she would do, invoking political-speak instead, "I am not prepared to announce a decision on Senate Bill 1070," she said. "What I decide will be based on what's right for Arizona." http://bit.ly/96KJlT. (Note to reader: there have been several surreal moments in Arizona this week. On Monday Senator John McCain, who once described himself as a "maverick" and champion of comprehensive immigration reform, told Fox News host Bill O'Reilly that "the drivers of cars with illegals in it ... are intentionally causing accidents on the freeway." Then on Tuesday an Arizona state House committee approved a measure which would force President Obama to show his birth certificate if he runs for re-election. http://huff.to/9bfpzg)

    What is right for Arizona is for Governor Brewer to jealously protect the rights of all its citizens and follow the U.S. Constitution, not turn Arizona into the Fourth Reich. Let's be frank, by passing SB 1070 lawmakers have sold out Arizona taxpayers in a cynical effort to garner votes and look tough. The bill does nothing to build a functional immigration system, secure the border nor rid the state of dangerous criminals. Nor does it protect the wages and working conditions of US workers. Instead, it targets day laborers and ordinary citizens whose appearance might raise "reasonable suspicion" of unlawful immigration status in the mind of a police officer. If Governor Brewer signs SB 1070, people in Arizona with foreign sounding accents or who don't "look American" had better not run into the wrong cop (or even the right cop) because the law mandates they prove they are here legally.

    SB 1070 is not the product thoughtful policy making; it is hate speech masquerading as legislation. This sounds extreme until you read SB 1070 which is a hodgepodge of mean spirited provisions that will effectively transform Arizona into a police state for anyone whose skin is a shade other than white. The bill's effect may very well be to make Arizona "Latino Free" and force those who stay behind�U.S. citizens included�to feel like hunted criminals. Frankly, there is no other way to describe SB 1070 which would make not having immigration documents a state crime, allow law enforcement officers to arrest anyone who could not immediately prove they were in the U.S. legally, and subject a brown-skinned person who leaves home without a wallet to arrest. Cardinal Roger Mahony of Los Angeles was hardly exaggerating when he compared SB 1070 to "German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation." http://bit.ly/9ZIQ9K.

    SB 1070's outright decimation of civil liberties and American values aside, Governor Brewer's signature on the bill will likely reek economic devastation on Arizona, costing its taxpayers billions in lost revenue. The Immigration Policy Center (IPC) reported this week that "if significant numbers of immigrants and Latinos are actually persuaded to leave the state because of this new law, they will take their tax dollars, businesses, and purchasing power with them. The University of Arizona's Udall Center for Studies in Public Policy estimates that the total economic output attributable to Arizona's immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. Furthermore, over 35,000 businesses in Arizona are Latino-owned and had sales and receipts of $4.3 billion and employed 39,363 people in 2002, the last year for which data is available. The Perryman Group estimates that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs, even accounting for adequate market adjustment time. Putting economic contributions of this magnitude at risk during a time of recession would not serve Arizona well." And this loss of revenue to the hard working taxpayers of Arizona does not take into account the cost of defending the inevitable lawsuits that will be brought against the state for civil rights and other violations. According to the IPC, "Arizona would probably face a costly slew of lawsuits on behalf of legal immigrants and native-born Latinos who feel they have been unjustly targeted" leading to millions of dollars in expenditures. http://bit.ly/dbguDK.

    As I wrote previously on this blog, SB 1070 is not the problem. It is an awful symptom of the failure of the Administration and Congress to enact immigration reform. In the void, local and state authorities have run roughshod over the civil liberties we cherish as a nation. What we see today is a perfect storm of crises�ICE's neglect and abuse of immigrant detainees which has culminated in 107 deaths in immigration detention since 2003, the serious civil rights abuses in the notorious 287(g) program which is administered by ICE and "deputizes" state and local law enforcement agencies to enforce immigration law, and an immigration bureaucracy that thumbs its nose at the needs of American business and families. As a nation we must demand that Congress and the Administration put politics aside and get to the hard work of building a safe, orderly, fair, and functional immigration policy designed to protect civil liberties and serve the needs of all Americans.

    As for today, Governor Brewer has a choice. She can succumb to hatred and fear by signing SB 1070 or allowing it to become law without her signature (it is hard to say which would be more cowardly). Or she can show uncommon political courage and veto the bill, thereby drawing a line in the Arizona desert over which racism, intolerance, and injustice dare not cross.
    https://blogger.googleusercontent.com/tracker/186823568153827945-3162775922361590244?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/04/arizona-governor-jan-brewers-choice.html)





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  • senthil
    01-30 07:47 AM
    seem like you clearly know the reason what caused this. as mentioned by our friends, right supporting documents and a good attorney should get your job done like a piece of cake. good luck.





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  • MDix
    09-13 10:10 AM
    What are the chances of piecemeal bill in this congress ( next two week)?



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  • lazycis
    01-30 12:14 PM
    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.

    Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.





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  • kondur_007
    10-16 12:11 PM
    I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
    I appriciate your help.
    Thank you

    There are two options here:

    1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS

    2. Send the above documentation to USCIS.

    The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
    I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
    Good Luck.



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  • gc_on_demand
    02-03 04:48 PM
    Still they did not publish demand from ROW countries. Otherwise we would know about Spill over.





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  • sdrblr
    08-21 02:33 PM
    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.


    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.



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  • sanju
    02-27 07:19 PM
    This guy is a spammer. He is just wasting our time. I'd suggest not to answer him.

    auburn2009,

    Why don't you search these forums and let us know what you find out.






    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.





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  • desperatlyinwaiting
    06-15 10:19 PM
    Thank you for the quick response and advise.

    Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?

    I do not have experience with this, so I greatly appreciate your patience.



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  • Dhundhun
    08-09 12:52 PM
    11. All the files are stacked. IOs are making best effort to pick files from bottom. However stretching full arm (fishing) is not able to reach 2004 cases, instead 2005 or 2006 cases comes in hand.

    12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.





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  • mhssatya
    05-12 01:22 PM
    Hello,
    I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.

    One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?

    Another doctor said she can do a blood test and determine if she needs the shots.

    Any body in the same situation?



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  • desi3933
    02-14 08:31 AM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .





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  • Legal_In_A_Limbo
    01-15 10:11 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

    My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

    So what you suggest what should be my bext step.



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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders
    http://hyderabad.usconsulate.gov/h1b.html

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.


    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.





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  • things2strike
    08-20 08:36 PM
    Hi Friends,
    My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
    The date of approval of I-130: 03/12/2008
    My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
    Thanks,



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  • srikondoji
    12-17 02:08 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html (January 2009)

    Eb2 advanced by one month and EB3 by 15 days.

    Enjoy the new year





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  • english_august
    07-09 10:55 PM
    Hardly anyone has volunteered to go to USCIS with nixstor. That's sad. We are getting a megaphone to talk about our problems and yet in the entire DC area with a huge IV membership, we have just one person willing to go to USCIS.

    I am kinda rubbing my eyes in disbelive right now!





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  • colors
    09-23 12:26 PM
    We will watch and see ... soft LUDs on my case too.

    thanks





    SK2007
    04-02 01:15 PM
    I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

    I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

    Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.

    I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.





    coopheal
    10-09 10:57 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.

    The reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)



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