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  • realizeit
    08-01 03:32 PM
    HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ

    Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&


    Press Release of Senator Menendez
    SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES

    E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening

    Friday, August 1, 2008



    WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.

    Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.

    �Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�

    Summary of The Visa Efficiency and E-Verify Extension Act of 2008:

    Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.

    Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.

    Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.

    Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.

    Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.

    Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.




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  • satishku_2000
    08-15 03:30 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I want to file for EAD and TD and dont have receipts yet and have been sending emails to attorney office everyday about RNs. Looks like they are busy with Aug 17th deadline and they have not got back to me yet. My lawyer dint say anything about RNs but I thought it would be nice to file for EAD and TD with 485 receipt notice so that the case would be str8forward .




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  • theoyilma
    09-09 07:47 AM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

    Thanks

    Theo




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  • beautifulMind
    06-29 11:24 AM
    Thanks



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  • joydiptac
    05-18 06:44 PM
    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.




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  • PDOCT05
    10-30 10:59 AM
    what does ur online status show btw? also ur dep's earlier checks havent cashed right ? dumb Q :-( one of my friend got in to similar situation he sent it back and checks cashed not sure how much did he sent though.

    The status shows application received and rejected. As per the notice the reason is missing signature.The check's haven't cashed..,can you please check with your friend how long it took for him to get the check's cashed after re-sending the application?



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  • raysaikat
    11-30 09:51 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.

    The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).




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  • j751
    07-05 09:46 PM
    Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.

    Thanks



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  • soorigadu2003
    09-13 04:48 PM
    In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.

    Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..




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  • eastwest
    04-16 04:32 PM
    How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?

    Does someone know the exact days?

    Thanks

    You can apply exactly 120 days early.
    About my earlier post, You do need to send your papers such cutout from previous EAD, 485 receipt copy etc..

    Thanks



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  • honge_kamyaab
    02-01 12:54 PM
    I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.

    I'll fill this paperwork and the list of items to be brought in later. Possibly answer
    any questions the officials at the POE ask. Anything else at POE that I need to do?

    After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.

    This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.

    Please advice.




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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!



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  • perm2gc
    11-06 10:35 AM
    I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.
    Please search the forum.Your question was adressed in many threads.




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  • GCmuddu_H1BVaddu
    05-01 09:05 PM
    (removed.... post reached the people who are supposed to see).

    Don't tell the world that you r a linebreaker



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  • drirshad
    06-22 05:46 AM
    Be fast u only got a month ....

    Get in touch with a good attorney, call shusterman.com and get an hour of consultation charges for u.

    Tell him the situation, give him the two options. He will point you in the right direction. Remember July is the only month you have a chance. August and retrogress can kick in for Indians.

    Let me add one more option to the above 2. Talk to your employers thru whom you got the approved I-140 and ask them to allow you file the I-485 since GC is for future employment u don't have to be working for them for filing I-485 now once 6 months are over with the 485 filed you can port it to ur current employer. Email me if u have questions dr_irshad2001@yahoo.com

    Good luck & hurry ...




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  • baleraosreedhar
    11-09 02:50 PM
    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated



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  • fullerene
    07-17 06:11 PM
    We shall continue our work by writing letters to lawmakers.
    They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
    They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
    They shall revise the current Name Check procedure so the process can be done predictably.
    They shall increase visa number cap and soften the country limits.
    They shall pass SKILL BILL...

    We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.




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  • reddog
    03-27 10:45 AM
    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!


    Always used fedex and used this address
    For private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD




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  • ss2005
    06-11 01:20 PM
    [QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.


    One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.




    Ramba
    03-28 01:46 PM
    The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.

    I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.




    YesWeWillGet
    09-09 10:55 AM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,



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