четверг, 23 июня 2011 г.

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  • jindal_sanjeev
    06-23 03:12 AM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you




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  • morchu
    04-27 03:01 PM
    "approvable" is the right term.
    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?




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  • RNGC
    07-01 04:36 PM
    The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!

    Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.

    I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.

    We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!

    I am just sick and tired!




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  • cdeneo
    09-21 06:32 PM
    I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.



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  • harivenkat
    06-28 03:17 PM
    Huge demand to live in U.S. part of illegal immigration problem (http://www.azcentral.com/arizonarepublic/news/articles/2010/06/28/20100628legal-immigration-high-demand.html#comments)

    WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.

    But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.

    In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.

    Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.

    But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.

    But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.

    Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.

    "Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.

    Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

    Temporary visas

    Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.

    Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.

    Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.

    Permanent residents

    A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."

    People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.

    Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.

    Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.

    Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.

    Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.

    There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.

    The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.

    The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.

    A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.

    Naturalized citizens

    In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.

    An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.

    Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.

    Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.

    The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.




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  • Nabeel
    01-29 10:42 AM
    TSC Update - January 2010

    The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010

    The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process

    EAD and AP Processing Time within 60 Days
    TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.

    Source- Murthy.com



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  • jasmin45
    08-18 12:14 PM
    EAD is not a valid status..just a document which provides you authorization to work in united states.
    There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.




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  • Lasantha
    06-19 02:14 PM
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.

    I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.

    It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.

    Of course it could be different in your case since you are already on meds. I just thought of letting you know.



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  • Blog Feeds
    01-09 02:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj3sA9gkgWQGyY4Jw-pakgTfGIXdYZ0L0_2Zh2DWfaxmGRaFXcJyiDr69t2CJTtXY10tOHWwCchIhUyEd8tHBsWnbv39PLNMx-RRQawYcfuaaO6599y8oQovbmLJmt2ODFPlBR3sKq4Lqo/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj3sA9gkgWQGyY4Jw-pakgTfGIXdYZ0L0_2Zh2DWfaxmGRaFXcJyiDr69t2CJTtXY10tOHWwCchIhUyEd8tHBsWnbv39PLNMx-RRQawYcfuaaO6599y8oQovbmLJmt2ODFPlBR3sKq4Lqo/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President


    Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.


    There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.


    While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.


    Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.


    Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.


    It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.


    I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.

    https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)




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  • thomachan72
    10-19 09:35 AM
    Has anybody done that?
    Questions;
    1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
    2) Has the new job title and responsibilities be very similar to the old one?
    3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
    4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?

    It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.



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  • kghoshal
    02-11 06:54 PM
    Best way will be to contact old lawyer and try to join old emloyer what I think




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  • NKR
    06-13 10:48 AM
    It has not passed April 04 since Sept 05 (when it was current) and during July Fiasco.


    I was just a couple of months away when PD reached APR 04, it remained there for sometime, got retrogressed and now it is again back to square one at the same date. Wonder what the bottleneck on APR 04 is�.



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  • harryom
    09-07 10:06 AM
    Thanks for update!! But USCIS Receipt updates says they have already issued receipts till 07/26/07....

    Dood...

    Nothing to worry - Receipt Notice(s) will be issued when they will be issued. We can do nothing about it. I'm in the same boat - My application was mailed on Jul 24th and received on Jul 25th. No news so far - My Lawyer says, we should wait another month or so...

    Take part in the Rally - It is our Cause!!!




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  • desi3933
    03-09 12:29 PM
    .... None of my previous employers revoked my H1-B. ....


    Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.


    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • redcard
    09-13 02:33 PM
    Started this thread just to encourage us after oct bulletin:

    We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.

    As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.


    After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D




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  • jasmin45
    08-10 07:33 PM
    Hello everybody,
    How will this work for my wife (who is on H4 now)?
    If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
    Or MUST my wife also be present in US to file the I140/485?
    Pls advice.

    thanks,
    -Prasad
    Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.



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  • immiusa
    04-09 01:26 PM
    Congrats. Very long wait. I am happy for you. Seems USCIS is trying to close all old applications. That is good sign for all long wait memebers




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  • test101
    07-09 11:33 PM
    email people wh said they will join the DC rally. sorry i'm far far away in MA can not make it




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  • prabirmehta
    03-22 02:56 PM
    Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.

    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.




    Achi Goro
    11-17 03:01 PM
    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.

    Looking at the above filing date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]




    xyzqwer
    01-23 07:12 AM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck

    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?



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