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  • jediknight
    02-08 07:02 PM
    We need to work with everyone and fix the legal immigration mess.

    Once that is fixed, there would be no reason for people to break the immigration law. That problem will automatically go away.

    "What line?" is a good question to ask all the anti-immigration groups. I hate it when they have names like "Americans for Legal Immigration." They should publish a list of their accomplishments for legal immigrants :-)

    - JZ





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  • gjoe
    03-29 06:23 PM
    I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.

    This would make a statement that we are well off and out only problem is the delay in GC





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  • kaisersose
    07-27 12:57 PM
    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.





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  • shar533
    04-30 12:38 PM
    Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
    You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.



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  • snathan
    02-04 01:19 AM
    My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    This is my personel experience only....so check with others also...

    When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.





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  • roseball
    12-27 06:17 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.



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  • MyGCPath
    10-23 01:51 PM
    I have received my Card recently. See my signature for detail information.

    I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?





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  • saimrathi
    08-10 02:13 PM
    Please post in Media thread...



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  • Prashanthi
    08-27 03:02 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.


    Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.





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  • shadowbuddy
    03-15 02:14 AM
    Hi All,

    I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.

    Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.

    We have to refile. I re-wrote the checks and we are submitting the package again.

    How can we demand that our application be accepted based on the original filing date of November when we were current?

    would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!

    How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.

    thanks!



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  • Pagal
    12-09 07:55 PM
    Hello,

    :) Just a clarification around job requirements:

    GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.

    If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.

    PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)





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  • immitul
    09-03 03:23 PM
    Hello Friends,

    Could somebody pls. help and respond to this query.

    In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.

    I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.

    Thanks a lot for your help, its greatly appreciated.

    You can apply only after October 1st, since that is the day the H1B person is eligible to work (and that's what I did for my wife).

    Please cross check, if there is any way you can apply earlier.



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  • psaxena
    05-04 11:16 AM
    My case is in Nebarska.. is their an email for that location?

    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





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  • pune_guy
    05-28 07:02 PM
    Hi,

    Can you tell the name of the insurance company? My in-laws are planning to come here and I will be buying insurance for them. I will stay away from this company.

    How can high-fever be considered as pre-existing condition? I though diseases such as diabetes, cancer, etc are pre-existing conditions. Right?



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  • Pineapple
    07-26 04:20 PM
    Is this good or bad? We dont have even one single person with negative attitude. At least that is good.

    I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
    I want to be a free rider and want others to pay for my cause 0 0%
    I hate these immigrants and H1B workers on this website and will not contribute 0 0%

    Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
    Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
    At least that way you'll get better data to work with for analysis.





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  • clockwork
    07-18 05:03 PM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.



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  • rajpatelemail
    01-15 06:40 AM
    Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application

    From immigratgion-law.com Mathew Oh Blog link--->>>

    01/15/2009: Changing Environment of PERM Labor Certification Applications

    I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
    Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
    Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers





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  • redcard
    05-20 10:39 AM
    and your question is?

    how can she get a Green Card..





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  • muthukmk
    08-03 07:24 PM
    Hi experts,

    Can someone help me in this regards. Awaiting eagerly for ur expert comments.


    Regards





    Almond
    07-18 09:52 AM
    My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
    Sick and tired of waiting ...

    I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!





    camarasa
    08-09 06:00 PM
    Immigration debate: Firms warn of lack of workers
    Federal crackdown could force firings across the state.
    By Susan Ferriss - Bee Staff Writer
    Published 12:00 am PDT Thursday, August 9, 2007


    California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.

    People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.

    Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.

    As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.

    The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.

    Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.

    Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.

    "This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.

    "I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."

    Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."

    Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.

    Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.

    Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.

    They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.

    While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.

    A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.

    "The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.

    Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.

    But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.

    "He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.

    "I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "

    Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.

    Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."

    Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.

    He predicted that dismissed landscapers will enter the underground economy.

    Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.

    "This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.

    He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.

    "Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.


    http://www.sacbee.com/101/story/316330.html



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