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11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
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newuser
03-13 07:39 PM
Please update the profile first
easwara
03-30 01:09 PM
any idea how long does it take if we apply visitor visa for Canada by post?
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martinvisalaw
08-31 07:24 PM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
more...
lj_rr
07-23 05:46 PM
My lawyer explicity told "NOT" to flipflop even without me asking.
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
Nagireddi
04-04 10:27 PM
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
more...
raysaikat
07-08 10:39 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
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Kitiara
10-22 04:39 AM
I always use www.1001freefonts.com (http://www.1001freefonts.com) - it does exactly what it says on the tin.
Er... Non UK people might not get that reference...
Er... Non UK people might not get that reference...
more...
kunjakka
07-13 10:26 AM
Hmm, somebody can confirm this. I am in Houston, Texas
While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.
I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.
Has anybody had a similar experience? Please share
I am planning to call USCIS tomorrow. I will update you all in the details.
My main concern now is
1. I do not want to send supporting documents to two places (so that they dont get confused)
2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"
While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.
I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.
Has anybody had a similar experience? Please share
I am planning to call USCIS tomorrow. I will update you all in the details.
My main concern now is
1. I do not want to send supporting documents to two places (so that they dont get confused)
2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"
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justice4all
02-02 05:15 PM
Hello,
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
more...
Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
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desi3933
07-13 07:43 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
more...
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vivache
09-18 07:45 PM
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
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dealsnet
12-01 03:30 PM
Check recent visa bulletin. Now a days, bringing spouse by Citizen and GC holders are of not much difference. Go to India and do the marriage, and come back and file I-130. December bulletin calling for August 2010 filers. Forget about H1B and F1.
Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;
INDIA
08-01-10
Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;
INDIA
08-01-10
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h1techSlave
04-25 08:34 AM
That is pretty much his strategy for almost every thing. Just talk talk talk talk..
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10dulkar
08-08 09:53 AM
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
more...
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mirage
02-12 09:57 PM
Guys,
we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.
Thanks
we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.
Thanks
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vdlrao
03-12 12:38 AM
I dont know whether if any body has already posted this here. Please ignore this if its already been posted.
-------------------------------------------------------
http://salsa.wiredforchange.com/o/5962/blastContent.jsp?email_blast_KEY=66937&t=
Doing nothing is not a solution. Immigrants' List is a political action committee (PAC) dedicated to electing members of Congress who support common-sense immigration reform.
Dear Friends:
Immigrants' List needs your help! We are joining with other immigration reform groups to demand that Congress pass a comprehensive immigration reform bill by participating in the March for America on Sunday, March 21 in Washington, D.C.
The March for America will send a message to President Obama and OUR elected representatives and senators that Americans demand they pass legislation that fixes our nation's broken immigration system, addresses the economic realities of immigration and the essential role that immigrants play in our economy, recognizes the importance of keeping families intact, demonstrates a commitment to fairness, and protects due process of law.
Join us in standing up for immigration reform at the March for America!
March for America
1 p.m.
Sunday, March 21
The Lincoln Memorial
Washington, D.C.
Please forward this message to your family, friends and neighbors in the Washington, D.C. area and ask them to join us in demanding action from our elected leaders.
The March for America needs volunteers! If you live in the Washington area and would like to help, e-mail the march organizers.
If you can't march in person, get updates about the march here.
See you March 21!
Thank you for your continued support,
Amy Novick
Executive Director
Immigrants' List
http://reformimmigrationforamerica.org/blog/march-index/
.
-------------------------------------------------------
http://salsa.wiredforchange.com/o/5962/blastContent.jsp?email_blast_KEY=66937&t=
Doing nothing is not a solution. Immigrants' List is a political action committee (PAC) dedicated to electing members of Congress who support common-sense immigration reform.
Dear Friends:
Immigrants' List needs your help! We are joining with other immigration reform groups to demand that Congress pass a comprehensive immigration reform bill by participating in the March for America on Sunday, March 21 in Washington, D.C.
The March for America will send a message to President Obama and OUR elected representatives and senators that Americans demand they pass legislation that fixes our nation's broken immigration system, addresses the economic realities of immigration and the essential role that immigrants play in our economy, recognizes the importance of keeping families intact, demonstrates a commitment to fairness, and protects due process of law.
Join us in standing up for immigration reform at the March for America!
March for America
1 p.m.
Sunday, March 21
The Lincoln Memorial
Washington, D.C.
Please forward this message to your family, friends and neighbors in the Washington, D.C. area and ask them to join us in demanding action from our elected leaders.
The March for America needs volunteers! If you live in the Washington area and would like to help, e-mail the march organizers.
If you can't march in person, get updates about the march here.
See you March 21!
Thank you for your continued support,
Amy Novick
Executive Director
Immigrants' List
http://reformimmigrationforamerica.org/blog/march-index/
.
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desi3933
04-02 07:43 AM
....
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
parad0xl0g
04-18 11:20 PM
I really like this stamp. It's a good & of course a very surrealist idea.
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Charlotte
05-21 04:57 PM
I tried applying for License Renewal inn NC when my H1 was pending with USCIS, they strictly told me that they will not issue the license until we get the approval notice from USCIS. if you have any luck please let me know?
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