воскресенье, 26 июня 2011 г.

celula vegetal

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    • Blog Feeds
    01-11 08:10 AM
    The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

    More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)



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    • venky08
    01-07 03:12 PM
    there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.



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    • brav
    07-31 11:20 AM
    After going through all this , now we are hearing discussions that it is safe to maintain a H1B, (just) in case the 485 gets denied.

    I for one would take my chances and switch from H1B to EAD.



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    • franklin
    07-20 08:43 PM
    To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

    However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

    To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



    The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.


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    • anu_t
    06-17 12:23 PM
    There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

    No. I don't think so you will have problem like us. Because you are stil eligible for 1 year extesion as labour is pending. For us we can't even apply for labour. and when we can i.e. on oct 2008 by that time we would have left less than 1 year so it is also not useful for us.



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    • belmontboy
    01-24 04:32 PM
    In 2010 - around 20K visa is issued in EB2 and around 3K in EB3...

    Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .

    Yes.

    Thread titled "Eb2 calculations..." has the information you need.


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    • ursosweet
    07-17 05:45 PM
    one silly question. How weeks do we have in hand to file 485?

    no you have until august 17, 2007.
    see murthy.com
    pk



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    • cool_guy_onnet1
    03-10 12:16 PM
    How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.

    I MAY switch my job and this is an emergency.
    Please pardon the relevancy.
    Thanks


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    • immi_seeker
    10-05 12:43 AM
    This Thread is to start the ball rolling for meet & greet for Arizona members. Arizona memebers especially the folks living in phoenix/Chandler/Gilbert/Mesa/Tempe area , if interested pls come forward and post on this thread.

    We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.



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    • chrisa
    November 16th, 2007, 12:26 AM
    Arctic Butterfly works great. I picked one up in Toronto at Henry's after shooting some photos of the CN Tower. Noticed I had a few spots and sure enough they were on the high pass filter. I did attempt to blow the particles off but they were not budging. I decided to deploy the butterfly and it worked just fine. After two passes the dust was gone. I didn't find it a difficult or stressful task and never felt as if I was "at risk" of damaging my camera. My two cents.
    Used AP successfully with pending H1B visa stamping at Mumbai [Archive] - Immigration Voice
    Log in

    View Full Version : Used AP successfully with pending H1B visa stamping at Mumbai



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    • Suva
    01-26 01:22 PM
    You are absolutely right. I have also completely lost the hope about it.

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.



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    • mattresscoil
    12-09 07:58 AM
    Hi,

    I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

    Thanks
    VK
    Venkatanathen:

    Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.


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    • tammigaw
    02-15 12:16 AM
    i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

    But now he is claiming that i cant join full time with the client as well.

    During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

    Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?



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    • danu2007
    07-22 05:26 PM
    Rated..


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    • senthil1
    04-01 07:25 PM
    If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.

    Hi there, I'm new to the forum but really need legal advice.
    I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
    Also, I'm very sorry if somebody asked a similar question before...
    I'd appreciate any advice. Thank you so much!



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    • vedicman
    01-04 08:34 AM
    Ten years ago, George W. Bush came to Washington as the first new president in a generation or more who had deep personal convictions about immigration policy and some plans for where he wanted to go with it. He wasn't alone. Lots of people in lots of places were ready to work on the issue: Republicans, Democrats, Hispanic advocates, business leaders, even the Mexican government.

    Like so much else about the past decade, things didn't go well. Immigration policy got kicked around a fair bit, but next to nothing got accomplished. Old laws and bureaucracies became increasingly dysfunctional. The public grew anxious. The debates turned repetitive, divisive and sterile.

    The last gasp of the lost decade came this month when the lame-duck Congress - which struck compromises on taxes, gays in the military andarms control - deadlocked on the Dream Act.

    The debate was pure political theater. The legislation was first introduced in 2001 to legalize the most virtuous sliver of the undocumented population - young adults who were brought here as children by their parents and who were now in college or the military. It was originally designed to be the first in a sequence of measures to resolve the status of the nation's illegal immigrants, and for most of the past decade, it was often paired with a bill for agricultural workers. The logic was to start with the most worthy and economically necessary. But with the bill put forward this month as a last-minute, stand-alone measure with little chance of passage, all the debate accomplished was to give both sides a chance to excite their followers. In the age of stalemate, immigration may have a special place in the firmament.

    The United States is in the midst of a wave of immigration as substantial as any ever experienced. Millions of people from abroad have settled here peacefully and prosperously, a boon to the nation. Nonetheless, frustration with policy sours the mood. More than a quarter of the foreign-born are here without authorization. Meanwhile, getting here legally can be a long, costly wrangle. And communities feel that they have little say over sudden changes in their populations. People know that their world is being transformed, yet Washington has not enacted a major overhaul of immigration law since 1965. To move forward, we need at least three fundamental changes in the way the issue is handled.

    Being honest about our circumstances is always a good place to start. There might once have been a time to ponder the ideal immigration system for the early 21st century, but surely that time has passed. The immediate task is to clean up the mess caused by inaction, and that is going to require compromises on all sides. Next, we should reexamine the scope of policy proposals. After a decade of sweeping plans that went nowhere, working piecemeal is worth a try at this point. Finally, the politics have to change. With both Republicans and Democrats using immigration as a wedge issue, the chances are that innocent bystanders will get hurt - soon.

    The most intractable problem by far involves the 11 million or so undocumented immigrants currently living in the United States. They are the human legacy of unintended consequences and the failure to act.

    Advocates on one side, mostly Republicans, would like to see enforcement policies tough enough to induce an exodus. But that does not seem achievable anytime soon, because unauthorized immigrants have proved to be a very durable and resilient population. The number of illegal arrivals dropped sharply during the recession, but the people already here did not leave, though they faced massive unemployment and ramped-up deportations. If they could ride out those twin storms, how much enforcement over how many years would it take to seriously reduce their numbers? Probably too much and too many to be feasible. Besides, even if Democrats suffer another electoral disaster or two, they are likely still to have enough votes in the Senate to block an Arizona-style law that would make every cop an alien-hunter.

    Advocates on the other side, mostly Democrats, would like to give a path to citizenship to as many of the undocumented as possible. That also seems unlikely; Republicans have blocked every effort at legalization. Beyond all the principled arguments, the Republicans would have to be politically suicidal to offer citizenship, and therefore voting rights, to 11 million people who would be likely to vote against them en masse.

    So what happens to these folks? As a starting point, someone could ask them what they want. The answer is likely to be fairly limited: the chance to live and work in peace, the ability to visit their countries of origin without having to sneak back across the border and not much more.

    Would they settle for a legal life here without citizenship? Well, it would be a huge improvement over being here illegally. Aside from peace of mind, an incalculable benefit, it would offer the near-certainty of better jobs. That is a privilege people will pay for, and they could be asked to keep paying for it every year they worked. If they coughed up one, two, three thousand dollars annually on top of all other taxes, would that be enough to dent the argument that undocumented residents drain public treasuries?

    There would be a larger cost, however, if legalization came without citizenship: the cost to the nation's political soul of having a population deliberately excluded from the democratic process. No one would set out to create such a population. But policy failures have created something worse. We have 11 million people living among us who not only can't vote but also increasingly are afraid to report a crime or to get vaccinations for a child or to look their landlord in the eye.

    �

    Much of the debate over the past decade has been about whether legalization would be an unjust reward for "lawbreakers." The status quo, however, rewards everyone who has ever benefited from the cheap, disposable labor provided by illegal workers. To start to fix the situation, everyone - undocumented workers, employers, consumers, lawmakers - has to admit their errors and make amends.

    The lost decade produced big, bold plans for social engineering. It was a 10-year quest for a grand bargain that would repair the entire system at once, through enforcement, ID cards, legalization, a temporary worker program and more. Fierce cloakroom battles were also fought over the shape and size of legal immigration. Visa categories became a venue for ideological competition between business, led by the U.S. Chamber of Commerce, and elements of labor, led by the AFL-CIO, over regulation of the labor market: whether to keep it tight to boost wages or keep it loose to boost growth.

    But every attempt to fix everything at once produced a political parabola effect. As legislation reached higher, its base of support narrowed. The last effort, and the biggest of them all, collapsed on the Senate floor in July 2007. Still, the idea of a grand bargain has been kept on life support by advocates of generous policies. Just last week, President Obama and Hispanic lawmakers renewed their vows to seek comprehensive immigration reform, even as the prospects grow bleaker. Meanwhile, the other side has its own designs, demanding total control over the border and an enforcement system with no leaks before anything else can happen.

    Perhaps 10 years ago, someone like George W. Bush might reasonably have imagined that immigration policy was a good place to resolve some very basic social and economic issues. Since then, however, the rhetoric around the issue has become so swollen and angry that it inflames everything it touches. Keeping the battles small might increase the chance that each side will win some. But, as we learned with the Dream Act, even taking small steps at this point will require rebooting the discourse.

    Not long ago, certainly a decade ago, immigration was often described as an issue of strange bedfellows because it did not divide people neatly along partisan or ideological lines. That world is gone now. Instead, elements of both parties are using immigration as a wedge issue. The intended result is cleaving, not consensus. This year, many Republicans campaigned on vows, sometimes harshly stated, to crack down on illegal immigration. Meanwhile, many Democrats tried to rally Hispanic voters by demonizing restrictionists on the other side.

    Immigration politics could thus become a way for both sides to feed polarization. In the short term, they can achieve their political objectives by stoking voters' anxiety with the scariest hobgoblins: illegal immigrants vs. the racists who would lock them up. Stumbling down this road would produce a decade more lost than the last.

    Suro in Wasahington Post

    Roberto Suro is a professor of journalism and public policy at the University of Southern California. surorob@gmail.com


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    • perm2gc
    01-08 04:39 PM
    Hi,

    Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
    Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.



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    • zephyrr
    03-21 12:35 PM
    Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.


    I agree that one should probably do it for compelling reasons.


    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!



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    • prioritydate
    03-27 09:58 PM
    It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.



    ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    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.



    sr77
    09-26 08:32 PM
    Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).

    That said, don't wait for USCIS. Be proactive and do all you can. I would suggest

    1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
    2. Open an SR.
    3. Do the above for your dependents if any.
    4. Make infopass (you have already done this).
    5. Contact local congress man/woman.
    6. Send mail to CIS Ombudsman
    7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.

    (more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)

    Good luck.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.


    Автор: obapovynu на 18:57

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