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  • Blog Feeds
    12-28 04:50 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj2M4lHhgA2XhAVuU9C7eII6_J3xBp-gzGabkOn18d4WbMVcSppof5isSDpp3KSR9zLEc85RGZuws8o6NmVnEnVhcVIPB2HHTpcMYWCRt-W0inQuBR09AC5XvIwTuCAmEOhOGo9NTLPvXo/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj2M4lHhgA2XhAVuU9C7eII6_J3xBp-gzGabkOn18d4WbMVcSppof5isSDpp3KSR9zLEc85RGZuws8o6NmVnEnVhcVIPB2HHTpcMYWCRt-W0inQuBR09AC5XvIwTuCAmEOhOGo9NTLPvXo/s1600-h/hebrews-detention.bmp)
    President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
    https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)





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  • darkblue2007
    10-13 11:58 AM
    I have a close friend who has floated a company to pursue an entrepreneurial dream.
    My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.

    My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..

    Appreciate your help in advance.

    I dont understand why you are hesitating to do this. Since you have EAD, you can do volunteer work as long as you wont get paid. There wont be any legal hassles in doing this





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  • amitjoey
    12-12 03:41 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.


    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.





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  • eb3_nepa
    05-28 09:57 AM
    I am getting 2 opposite answers from 2 different filers.

    Can more people who HAVE filed before post their experiences?

    This is not a hypothetical or "how it SHOULD BE" thread. We are looking for people who HAVE filed before and can give us experiences. No speculations please.

    Thanks.



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  • dorairajsuresh
    04-16 03:09 PM
    i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.





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  • pappu
    05-13 09:30 AM
    Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html

    You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.

    In the meantime, please join your state chapters and get active. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52



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  • CaliHoneB
    09-21 10:58 AM
    There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody

    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.





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  • gccovet
    06-19 12:38 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
    GCCovet



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  • bayarea07
    03-20 05:44 PM
    Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)

    Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.




    I needed some advice on this situation I've found myself in.

    I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.

    Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.

    I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.

    I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.

    Please help!





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  • parimmigv
    10-08 06:05 PM
    Thanks for detailed responses.



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  • mrsr
    05-25 12:02 PM
    I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.

    think about them they will sit on the bench forever, also they cannot complain.

    We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.

    I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.

    they also play tricks like one person will take the interview for the other one and so forth.

    Desi consulting is a big mess.

    we should act on it.





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  • indo_obama
    05-12 12:00 PM
    Indian immigrant with priroity date of 2008 in EB3 category and you got your green card 2 yrs back...who are you?:mad:

    seriously were you born somewhere else.....or married some gori.......



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  • deecha
    07-16 04:05 PM
    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.

    -C.

    It was worth a try. Oh well !





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  • anurakt
    01-14 07:55 PM
    You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.


    what's the process for amending H4 and how much time does it take ?



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  • leo2606
    08-09 08:51 PM
    He is ripping money out of you, where are you located?

    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply





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  • Aah_GC
    06-14 08:35 PM
    This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737

    Thanks Dhudhun, your thread was very helpful. Created this one so we could just focus on the Supporting documents for eFile EAD. (USCIS site does not talk about it at all).



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  • glus
    12-11 05:01 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.

    Vicks_don: I think you answer is not the best advise. If he asks for help with AP, try to give the person a good advise if you know it. If he goes by your advise, what happens if for some reason he does not get the H1 stamped? A person leaving US should always apply for AP when his/hers I485 is pending if he/she has no visa stamp in his/hers passport. If he goes for H1stamp, and the stamp is denied for whatever reason, he will still be able to come back to the states using the AP and continue I485 application. But if one leaves, and has no valid visa stamp and stamping is denied, one will not be able to come back to the states.

    G





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  • detroit2009
    07-11 03:48 PM
    THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.


    My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).

    My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.

    What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)





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  • mwin
    12-05 04:03 PM
    One of my friends with his April, 2004, EB3 PD got his 485 approved.
    No wonder they usedup 30% of Visas.





    randallemery
    06-06 07:04 AM
    My home city is holding a hearing tomorrow on immigration, and I'd like to offer up the opportunity to take your collective feedback to the hearing.

    What are the issues that you face in everyday life? What are things you have to do now that infringe on your ability to be as productive as you could? What are things that you are prevented from doing?

    How do you think local governments might act to improve the situation to the benefit of everyone?

    Cities do have an interest. For example, divided families have well documented ill affects on children that lead to risky behaviour and increased local social issues. City tax revenues are lost by the inability of H1B visa holders to start a business or to move to higher paying jobs.





    gcisadawg
    04-16 09:34 AM
    Hello Attorney,

    My wife received a RFE on her I-485 for missing medical test (TB test).
    The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.

    Can we request an extension of time to reply to RFE based on hardship?
    We just need one more month to comply with RFE.

    Does USCIS normally provide extension for situations like the one above?
    I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.

    Thanks in advance,
    GCisaDawg



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