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06-27 06:50 PM
AILA Leadership Has Just Posted the Following:
President Obama and Congress members met privately at the White House on Thursday for their first major discussion of immigration reform. A Way Forward on Immigration (http://www.nytimes.com/2009/06/27/opinion/27sat1.html). New York Times Editorial June 27, 2009. President Obama has a lot on his plate dealing with the economy, health and energy but his approach to immigration reform indicates a clear grasp of the complex dynamic needed to win the battle. The need to reform our immigration laws now could not be more immediate or urgent. There is a crisis in immigration and the need to fix this mess has never been more critical. Immigration raids in our communities and our factories, along with the horrific conditions of detention, have created dread and anxiety within our immigrant population. The process of obtaining lawful status has become unreasonably difficult, and there are few options for the millions of immigrants, many of whom have deep roots here, but entered without visas or have expired visas. Millions of these people have U.S. citizen spouses and children, but no path to legalization. Despite decades of living in the U.S., and contributing to our economy, and whether applying for immigrant or nonimmigrant visas, the pattern is the same: restrictive adjudications coupled with outdated visa quotas that choke the system and make the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer. Due process protections that form the basis of our great democracy have been stripped from immigrants.
President Obama told a bipartisan group of lawmakers this week that Congress should begin debating a comprehensive immigration by year�s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs. Republicans Focus on Guest Workers in Immigration Debate (javascript:popup(). The White House released President Obama's remarks following a meeting on June 25, 2009 with congressional leaders to discuss immigration reform, in which he expresses his administration's support for CIR and indicates a clear understanding of the issues and how to fix them. President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders (http://www.aila.org/content/default.aspx?docid=29384)
The American Immigration Lawyers Association (AILA) understand immigration in a way that only a doctor understands medical ailments or an engineer understands building bridges. We know the issues from a deep perspective and not merely from an emotional view. We believe 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).
The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration - making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system - everything else on the President's domestic agenda is vulnerable to being dragged down. This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy. The Joint Center for Housing Studies of Harvard University released a new housing report which notes, �immigrants could be a key element to recovery." Immigration Impact, June 26, 2009, Immigrant Homebuyers Play Crucial Role in Housing Market Revival (javascript:popup(). The president announced that he has charged DHS Secretary Janet Napolitano with leading a bipartisan, bicameral working group to help negotiate and move a legislative package later this year, and those of us who have been championing immigration reform�and who have been training for this day�are off to the races (http://www.americanprogress.org/pressroom/statements/2009/06/White_House_immigration_meeting_statement062509.ht ml). President Kicks Off Immigration Reform (javascript:popup()"The White House meeting yesterday demonstrated that the question is no longer whether reform is necessary or whether it can be achieved this Congress. Those questions were answered squarely in the affirmative." Center for American Progress (CAP), June 26, 2009.
The CAP report articulates five principles for responsible immigration reform grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. The nation�s broken immigration system undermines our core national values, disserves our economic and security interests, and diminishes our moral standing in the world. Congress has for years now overseen an explosion of expensive, ineffective enforcement policies that have wasted billions of taxpayer dollars, enriched criminal syndicates, divided families, disrupted communities, and battered local economies rather than confronting our failed policies with common sense solutions grounded in what is best for our nation. In short, Congress has sacrificed our national interest at the altar of a destined-to-fail, get-tough enforcement strategy.
Confronted with this crisis the United States is left with three options: 1) preserve the status quo�an option that no responsible policymaker would advance; 2) drive millions of workers and families out of our communities, which CAP estimates would run over $41 billion annually; or 3) embrace tough but fair and practical solutions.
The Center for American Progress correctly concludes that the status quo is untenable, mass deportation is contrary to our national interests and values, and the only viable approach is comprehensive immigration reform. Such reform would require immigrants to register and become legal, pay taxes, learn English, and pass criminal background checks.
Five key principles for reform should guide the president and Congress as they begin to reengage this pressing domestic priority. CAP�s principles for responsible immigration reform are grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. They are:
Resolve the status of the undocumented
It is morally and economically unacceptable for the wealthiest nation on earth to have 12 million people living and functioning in an underground economy in the United States. Our �shining city upon a hill� is casting a dark shadow over a large class of workers. These workers and their families are interwoven in our communities, yet they are proscribed from becoming full members of our society. Their labor enhances the nation�s competitiveness and enables economic growth, but their lack of legal status exposes them and their U.S. counterparts to manipulation and exploitation. Effective reform must require those living in the United States illegally to register, pay their full share of taxes, learn English, complete background checks, and earn the privilege of citizenship. The country will in turn benefit from an expanded tax base, a more robust rule of law, a workforce less vulnerable to exploitation, and a level playing field for all workers.
Enhance legal immigration channels and labor mobility
Globalization has made it increasingly more efficient to move capital, goods, and services across national borders. Yet legal channels facilitating movement of labor have not kept pace with this rapid development, even though immigration is an integral part of the American economy. The demands of global competitiveness require increased overall levels of legal immigration. Immigrants serve important roles in the success of the nation�s economy in boardrooms and corn fields, in Silicon Valley and the San Fernando Valley. Demographic trends show that an aging United States will need more workers across all occupation levels. Employment-based immigration and family-based immigration complement each other and should not be pitted against one another in a zero-sum game. Target levels should be adjusted to acknowledge that immigration is an engine of economic dynamism and to ensure that close families are not separated for years by outdated limitations. The United States must embrace the inevitable shift toward a well-regulated, legal, global labor market in order to retain our economic leadership.
Protect U.S. workers
Comprehensive immigration reform will benefit all U.S. workers. A program that brings undocumented immigrants out of the shadows will improve accountability for all employers. And a clear but rigorous path toward citizenship would diminish U.S. workers� vulnerability to unscrupulous employers. This creates fair, not exploitative, competition.
Any reforms must also protect American workers by safeguarding their ability to defend their rights, including the rights to change jobs freely and organize without fear, and to earn a fair wage. Millions of American workers are experiencing unemployment or underemployment in today�s economy, and we should strive to provide just wages for all workers and terminate policies that enable employers to participate in a race to the bottom of the wage ladder.
Foster an inclusive American identity
Our country�s identity is shaped by core values of equality, freedom, and opportunity. Immigration and the process of assimilation constantly tests and ultimately strengthens and deepens our commitment to those values. We must be vigilant, however, to ensure that newcomers have access to programs�language and civic education�that facilitate their integration into the nation�s social and cultural fabric. Naturalization, the cornerstone of integration and first step in civic participation for new citizens, must be accessible and encouraged.
Adopt smart enforcement policies and safeguards
The U.S. Border Patrol�s annual budget has more than quintupled since 1993 while the number of undocumented immigrants in the United States has tripled to approximately 12 million during that same time period. Militarization of the border has obviously failed as an immigration control strategy.
CAP has a clear grasp of the essential ingredients to reforming our immigration laws and the American public gets it. More than 80 percent (http://amvoice.3cdn.net/ea94778f39d6c895c3_zvm6beppq.pdf) of Americans across the country, across party lines, and across nearly all demographic cross-sections, want comprehensive immigration reform that secures our borders, makes employers accountable, and requires undocumented workers to register, learn English, and pay taxes.
The president and Congress must move forward on the path they laid out this week and the American public is clearly behind the popular president.https://blogger.googleusercontent.com/tracker/186823568153827945-1584438715913274381?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/immigration-reform-now-reality.html)
President Obama and Congress members met privately at the White House on Thursday for their first major discussion of immigration reform. A Way Forward on Immigration (http://www.nytimes.com/2009/06/27/opinion/27sat1.html). New York Times Editorial June 27, 2009. President Obama has a lot on his plate dealing with the economy, health and energy but his approach to immigration reform indicates a clear grasp of the complex dynamic needed to win the battle. The need to reform our immigration laws now could not be more immediate or urgent. There is a crisis in immigration and the need to fix this mess has never been more critical. Immigration raids in our communities and our factories, along with the horrific conditions of detention, have created dread and anxiety within our immigrant population. The process of obtaining lawful status has become unreasonably difficult, and there are few options for the millions of immigrants, many of whom have deep roots here, but entered without visas or have expired visas. Millions of these people have U.S. citizen spouses and children, but no path to legalization. Despite decades of living in the U.S., and contributing to our economy, and whether applying for immigrant or nonimmigrant visas, the pattern is the same: restrictive adjudications coupled with outdated visa quotas that choke the system and make the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer. Due process protections that form the basis of our great democracy have been stripped from immigrants.
President Obama told a bipartisan group of lawmakers this week that Congress should begin debating a comprehensive immigration by year�s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs. Republicans Focus on Guest Workers in Immigration Debate (javascript:popup(). The White House released President Obama's remarks following a meeting on June 25, 2009 with congressional leaders to discuss immigration reform, in which he expresses his administration's support for CIR and indicates a clear understanding of the issues and how to fix them. President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders (http://www.aila.org/content/default.aspx?docid=29384)
The American Immigration Lawyers Association (AILA) understand immigration in a way that only a doctor understands medical ailments or an engineer understands building bridges. We know the issues from a deep perspective and not merely from an emotional view. We believe 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).
The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration - making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system - everything else on the President's domestic agenda is vulnerable to being dragged down. This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy. The Joint Center for Housing Studies of Harvard University released a new housing report which notes, �immigrants could be a key element to recovery." Immigration Impact, June 26, 2009, Immigrant Homebuyers Play Crucial Role in Housing Market Revival (javascript:popup(). The president announced that he has charged DHS Secretary Janet Napolitano with leading a bipartisan, bicameral working group to help negotiate and move a legislative package later this year, and those of us who have been championing immigration reform�and who have been training for this day�are off to the races (http://www.americanprogress.org/pressroom/statements/2009/06/White_House_immigration_meeting_statement062509.ht ml). President Kicks Off Immigration Reform (javascript:popup()"The White House meeting yesterday demonstrated that the question is no longer whether reform is necessary or whether it can be achieved this Congress. Those questions were answered squarely in the affirmative." Center for American Progress (CAP), June 26, 2009.
The CAP report articulates five principles for responsible immigration reform grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. The nation�s broken immigration system undermines our core national values, disserves our economic and security interests, and diminishes our moral standing in the world. Congress has for years now overseen an explosion of expensive, ineffective enforcement policies that have wasted billions of taxpayer dollars, enriched criminal syndicates, divided families, disrupted communities, and battered local economies rather than confronting our failed policies with common sense solutions grounded in what is best for our nation. In short, Congress has sacrificed our national interest at the altar of a destined-to-fail, get-tough enforcement strategy.
Confronted with this crisis the United States is left with three options: 1) preserve the status quo�an option that no responsible policymaker would advance; 2) drive millions of workers and families out of our communities, which CAP estimates would run over $41 billion annually; or 3) embrace tough but fair and practical solutions.
The Center for American Progress correctly concludes that the status quo is untenable, mass deportation is contrary to our national interests and values, and the only viable approach is comprehensive immigration reform. Such reform would require immigrants to register and become legal, pay taxes, learn English, and pass criminal background checks.
Five key principles for reform should guide the president and Congress as they begin to reengage this pressing domestic priority. CAP�s principles for responsible immigration reform are grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. They are:
Resolve the status of the undocumented
It is morally and economically unacceptable for the wealthiest nation on earth to have 12 million people living and functioning in an underground economy in the United States. Our �shining city upon a hill� is casting a dark shadow over a large class of workers. These workers and their families are interwoven in our communities, yet they are proscribed from becoming full members of our society. Their labor enhances the nation�s competitiveness and enables economic growth, but their lack of legal status exposes them and their U.S. counterparts to manipulation and exploitation. Effective reform must require those living in the United States illegally to register, pay their full share of taxes, learn English, complete background checks, and earn the privilege of citizenship. The country will in turn benefit from an expanded tax base, a more robust rule of law, a workforce less vulnerable to exploitation, and a level playing field for all workers.
Enhance legal immigration channels and labor mobility
Globalization has made it increasingly more efficient to move capital, goods, and services across national borders. Yet legal channels facilitating movement of labor have not kept pace with this rapid development, even though immigration is an integral part of the American economy. The demands of global competitiveness require increased overall levels of legal immigration. Immigrants serve important roles in the success of the nation�s economy in boardrooms and corn fields, in Silicon Valley and the San Fernando Valley. Demographic trends show that an aging United States will need more workers across all occupation levels. Employment-based immigration and family-based immigration complement each other and should not be pitted against one another in a zero-sum game. Target levels should be adjusted to acknowledge that immigration is an engine of economic dynamism and to ensure that close families are not separated for years by outdated limitations. The United States must embrace the inevitable shift toward a well-regulated, legal, global labor market in order to retain our economic leadership.
Protect U.S. workers
Comprehensive immigration reform will benefit all U.S. workers. A program that brings undocumented immigrants out of the shadows will improve accountability for all employers. And a clear but rigorous path toward citizenship would diminish U.S. workers� vulnerability to unscrupulous employers. This creates fair, not exploitative, competition.
Any reforms must also protect American workers by safeguarding their ability to defend their rights, including the rights to change jobs freely and organize without fear, and to earn a fair wage. Millions of American workers are experiencing unemployment or underemployment in today�s economy, and we should strive to provide just wages for all workers and terminate policies that enable employers to participate in a race to the bottom of the wage ladder.
Foster an inclusive American identity
Our country�s identity is shaped by core values of equality, freedom, and opportunity. Immigration and the process of assimilation constantly tests and ultimately strengthens and deepens our commitment to those values. We must be vigilant, however, to ensure that newcomers have access to programs�language and civic education�that facilitate their integration into the nation�s social and cultural fabric. Naturalization, the cornerstone of integration and first step in civic participation for new citizens, must be accessible and encouraged.
Adopt smart enforcement policies and safeguards
The U.S. Border Patrol�s annual budget has more than quintupled since 1993 while the number of undocumented immigrants in the United States has tripled to approximately 12 million during that same time period. Militarization of the border has obviously failed as an immigration control strategy.
CAP has a clear grasp of the essential ingredients to reforming our immigration laws and the American public gets it. More than 80 percent (http://amvoice.3cdn.net/ea94778f39d6c895c3_zvm6beppq.pdf) of Americans across the country, across party lines, and across nearly all demographic cross-sections, want comprehensive immigration reform that secures our borders, makes employers accountable, and requires undocumented workers to register, learn English, and pay taxes.
The president and Congress must move forward on the path they laid out this week and the American public is clearly behind the popular president.https://blogger.googleusercontent.com/tracker/186823568153827945-1584438715913274381?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/immigration-reform-now-reality.html)
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aviv
10-01 11:46 AM
Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).
Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc
Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?
Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc
Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?
styrum
06-12 03:10 AM
He doesn't need an H1B transfer to be approved to start working for the new employer, just "filed".
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HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
more...
pan123
09-17 03:30 PM
Folks,
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
more...
nmdial
04-21 01:48 PM
Welcome to H city! SugarLand and Katy have very good neighborhoods with lots of desis. A lot depends upon where your office located. Cost of living is in Houston is low compared to LA, NY. Homes are "affordable". But property taxes are high (average is above 3%). Food, gas and misc. services are cheap. Insurance and utility costs are high though. Let me know if you have any specific questions.
Thanks.
Thanks.
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GotFreedom?
07-23 10:48 AM
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
How does one prove the legal status in the country?
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
How does one prove the legal status in the country?
more...
bskrishna
03-24 12:58 PM
Mark,
Hats offs on your responses in the radio show.......
Hats offs on your responses in the radio show.......
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bazuka6
09-01 11:41 AM
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485
more...
invincibleasian
02-10 05:27 PM
I hope they dont flood the US from UK now. Then we will have more retrogression!
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kprgroup
08-03 08:01 AM
Good Morning Everyone.If any one have any input please let me know.I am totally stressed.
Thx
KPR
Thx
KPR
more...
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aamchimumbai
09-02 06:35 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
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abhijitp
01-29 01:11 PM
you are awesome
NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...
Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!
NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...
Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!
more...
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snathan
01-22 04:22 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
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sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
more...
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Aah_GC
05-30 03:49 PM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
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BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
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dixie
08-27 11:43 PM
I didnt make that statement because he doesnt agree with me. Go look at loveh1b's previous posts .. he is consistently against everything IV stands for.That begs the question why is he here ? Freedom of speech and all is fine and dandy, but if a person simply doesnt believe in anything we stand for then you know what to call him.
Remember, we are more than just another online rant forum.Rather, we are a lobbying /EB applicants support forum where we are supposed to discuss constructive ways to promote our agenda, just like numbersUSA and the likes promote their agenda against us.And by the way, I would really appreciate if our "friends" extend the same "freedom of speech" to us on their forums.
You may not agree with what everyone says on
these forums. It is not your business to ask them to get out.
Remember, we are more than just another online rant forum.Rather, we are a lobbying /EB applicants support forum where we are supposed to discuss constructive ways to promote our agenda, just like numbersUSA and the likes promote their agenda against us.And by the way, I would really appreciate if our "friends" extend the same "freedom of speech" to us on their forums.
You may not agree with what everyone says on
these forums. It is not your business to ask them to get out.
waiting4gc02
02-21 01:20 PM
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
bugmenot
01-21 10:07 PM
Would you be interested in contacting all such associations and orkut communities around the country? It will be a big help.
i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
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