zico123
05-17 02:00 PM
Deal reached after weeks of closed-door bipartisan negotiations
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
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va_labor2002
10-27 03:44 PM
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
Any update on this ? Did he answer any legal immigration questions ?
Any update on this ? Did he answer any legal immigration questions ?
psaxena
09-01 10:42 AM
was it EB2 or EB3
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mk6
07-17 07:05 PM
Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad:
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alterego
07-12 07:25 PM
Consult with you lawyer about this one.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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arnet
09-20 11:54 PM
now they are saying it as "Priority Appointment" and the link is available when you create the application. so get HDFC receipt which is valid for 1yr and create an application, fill DS-156/157, add your dependents if any and then you will see a page which has link "priority appointment".
so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.
Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.
Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..
so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.
Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.
Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..
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Adam
08-20 01:59 PM
I think it looks good :D
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sertasheep
07-09 08:26 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
It would be great if members are able to make it to this event.
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Siddharta
01-10 11:23 PM
I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?
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kirupa
01-25 05:01 PM
You can add a MouseLeftButtonDown event to pretty much any element! Just select and use the Events tab to set your event handler name: http://www.kirupa.com/net/creating_simple_wpf_gui_app_pg5.htm
Both Blend and VS will auto-generate the event handler where you can insert some code :)
Both Blend and VS will auto-generate the event handler where you can insert some code :)
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Leo07
05-20 05:06 PM
Bump^^^^^^^^^^^^^^^^^^^
how many in this forum are yet to file aos?
how many in this forum are yet to file aos?
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indianabacklog
06-25 11:35 AM
Had to pay all fees myself. Filed myself so no lawyer fees.
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richana
02-12 10:29 PM
Yes, it is called the 10 year law.
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transpass
07-22 11:16 PM
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
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nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
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unseenguy
11-30 10:36 PM
Thanks for the comment!
I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.
Any take on the lawyer's advice? Or can I take the challenge on my own?
Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.
I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.
Any take on the lawyer's advice? Or can I take the challenge on my own?
Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.
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sajimm
08-05 01:18 PM
It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.
Most likely this is just election politics.
Most likely this is just election politics.
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gc_kaavaali
07-29 07:35 PM
Please contact your local senator and explain your problem. Probably he/she can help you.
I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
gsc999
09-21 07:00 PM
Thanks! guys.....All in the same boat then....Screwed.....
---
Harish, you now know the "problem."
People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.
---
Harish, you now know the "problem."
People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.
gc_mania_03
08-28 02:49 PM
I am curious: What is Biographic page of Passport? Is it just the first page and the last page where you have all the info about you and home address etc...???
My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).
My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).
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