purgan
05-02 11:24 AM
Just as Robert Rector said yesterday that High Skill Immigration needs to be "encouraged", today we have Loo Dobbs shedding sympathy for legal immigrants like ourselves stuck in the backlog...
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
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rameshk75
09-16 10:58 AM
[QUOTE=copsmart;289590]My case is little bit different.
EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.
Am planning to apply paper based AP, can you give the list of docs required for the same.
Thanks
EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.
Am planning to apply paper based AP, can you give the list of docs required for the same.
Thanks
retropain
08-24 07:32 PM
desi companies that operate like this are in deep s**t
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mycosmos
04-27 12:39 PM
Hi,
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
more...
a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
rheoretro
09-13 05:22 PM
my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...
I can't help you because of your situation. Much better in other places.
I can't help you because of your situation. Much better in other places.
more...
Hassan11
04-09 10:40 AM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
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sargon
07-09 12:14 AM
http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1
Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.
Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.
more...
shahrooz
02-15 10:28 PM
260 views and not even one single opinion?
hair As my dolls are going to be
wizpal
02-26 09:58 AM
Forgot to mention that instate tution waiver is NOT available in some, albeit very few, states. Most of the states would allow it. Please check in advance.
more...
waiting4gc
07-17 08:46 PM
Some lawyers ask for bank statement and w2s and file I 864 with GC to show proof that you can support your dependents(if you have any). Ideally I 864 is only required when you file Family based GC.
Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.
There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.
There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
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viper673
06-16 08:05 PM
The 180 days AC-21 rule only applies if your I-140 has been approved.
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
more...
house 4: Baby dolls scary
immiusa
06-17 12:02 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
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StuckInTheMuck
07-17 07:46 AM
3 weeks seem to be still in the ballpark. Took about that long to get my FP notice too. Did you e-file? Paper-filers do not get FP notice.
more...
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BMS1
07-31 11:52 PM
It happened for my son's application. I did not even have a copy of the check at that time. I resent it with a new check (after retrogression set in) saying that it was their mistake. They sent it back along with the new check again saying no visa is available on the date of submission. Then I read some where in immigration-law website you need to mark it to certain officer (I do not remember exact wordings - check immigration-law archives around sep 2005). I re-sent it to that officer explaining everything again and it was accepted. My son's receipt date Sep 30 but the notice date was somewhere in Nov. due to all these correspondence.
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wellwishergc
07-11 12:52 PM
^^^^^^^^^
more...
makeup Scary Dolls
Jimi_Hendrix
12-14 12:19 PM
Getting CIR passed (or even bring back to attention) may not be that easy. These types of raids are increasing and many people are thinking that goverment is doing something about an important problem.
Bringing back CIR and passing it will entirely depend on the political moves of the two parties and important players. Any raids and resulting street rallies are not going to do anything. If you want proof just see last years momentum and what happened eventually.
This year's political composition was different. Anti-immigrant majority politicians and do-nothing attitude was the cause of inaction.
Next year the political composition is widely acknowledged to be pro immigration. So the results are likely to be different.
Am I missing something here?
Bringing back CIR and passing it will entirely depend on the political moves of the two parties and important players. Any raids and resulting street rallies are not going to do anything. If you want proof just see last years momentum and what happened eventually.
This year's political composition was different. Anti-immigrant majority politicians and do-nothing attitude was the cause of inaction.
Next year the political composition is widely acknowledged to be pro immigration. So the results are likely to be different.
Am I missing something here?
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smarth
06-02 11:34 AM
Hi,
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
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desi485
11-11 01:04 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
deepakjain
07-22 05:42 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
diptam
01-05 04:05 PM
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
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