kapoorg
06-21 02:04 PM
Hi,
I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.
Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.
What should I do? My exit date as per I-94 is Aug,25th.
Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?
Regards,
Gaurav Kapoor
I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.
Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.
What should I do? My exit date as per I-94 is Aug,25th.
Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?
Regards,
Gaurav Kapoor
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
pachai_attai
08-03 03:34 PM
I received a NOID (Notice Of Intent Deny) from USCIS.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
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gccovet
05-16 04:15 PM
All,
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
This is going to get worse as July 07 filers (i am one of them) starts filing renewals.
Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
GCCovet.
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
This is going to get worse as July 07 filers (i am one of them) starts filing renewals.
Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
GCCovet.
more...
whiteStallion
10-17 03:46 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal...
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal...
skynet2500
06-22 06:18 PM
IS it possible to send to TSC even though 140 is approved in NSC. Looks like 80 percent of applications go to TSC. Can we even choose where we can send?
more...
gcdreamer05
04-17 01:17 PM
Yes, absolutely.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
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raj2007
02-18 01:36 AM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
more...
waitingnwaiting
01-21 08:00 AM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
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prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
more...
casinoroyale
08-19 09:41 PM
(1) To being with, I have made an appointment using nvars.com at Ottawa for Sept 22nd. It was not easy, I have refreshed that page hundreds of times entering that security code. Several times I felt dizzy doing that.
(2) Working on Canada visitor visa
Questions:
I-94:
Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?
(2) Working on Canada visitor visa
Questions:
I-94:
Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?
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BMWX5
03-14 11:58 PM
We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.
First from me 20% from whatever I get as rebate �
Why should I contribute?
I'm not going to do.
For this I'll get red dots, and will be banned.
I do not care.
First from me 20% from whatever I get as rebate �
Why should I contribute?
I'm not going to do.
For this I'll get red dots, and will be banned.
I do not care.
more...
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GCwaitforever
02-09 05:50 PM
If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
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stucklabor
07-26 02:59 PM
See original A.P. story below.
Copyright 2005 Associated Press
All Rights Reserved
The Associated Press
April 15, 2005, Friday, BC cycle
SECTION: Washington Dateline
LENGTH: 550 words
HEADLINE: Senate agrees to votes on immigration measures
BYLINE: By SUZANNE GAMBOA, Associated Press Writer
DATELINE: WASHINGTON
BODY:
Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.
The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.
Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.
Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.
Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.
"While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.
Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.
Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.
"The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.
Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.
"Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.
The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.
They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.
Copyright 2005 Associated Press
All Rights Reserved
The Associated Press
April 15, 2005, Friday, BC cycle
SECTION: Washington Dateline
LENGTH: 550 words
HEADLINE: Senate agrees to votes on immigration measures
BYLINE: By SUZANNE GAMBOA, Associated Press Writer
DATELINE: WASHINGTON
BODY:
Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.
The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.
Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.
Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.
Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.
"While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.
Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.
Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.
"The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.
Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.
"Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.
The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.
They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.
more...
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jcrajput
09-29 07:00 PM
I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
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felix31
06-05 03:16 PM
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
more...
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adde72
06-14 09:59 PM
Dear Friends,
Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?
Thank you.
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?
Thank you.
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
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Appu
04-08 04:23 PM
Zogby, Time, CNN, ABC news, CBS news to do a poll this way:
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
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jnraajan
03-27 12:26 PM
Bump
mukuraj
07-27 02:55 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Kasi,
I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Kasi,
I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.
diptam
08-10 12:50 PM
You will never hear in future too but you may see that in any Public Forum Posts and you very well know what the poster meant !!
Thanks !
Europe: never heard of this "country" :D
Thanks !
Europe: never heard of this "country" :D
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