Wednesday, June 8, 2011

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  • gc28262
    07-28 01:48 PM
    Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration;_ylt=AgcIIY.ht_GJNzOqM3G8sH 6s0NUE;_ylu=X3oDMTNta2N1b3FnBGFzc2V0A2FwLzIwMTAwNz I4L3VzX2FyaXpvbmFfaW1taWdyYXRpb24EY2NvZGUDbW9zdHBv cHVsYXIEY3BvcwMyBHBvcwM3BHB0A2hvbWVfY29rZQRzZWMDeW 5fdG9wX3N0b3J5BHNsawNqdWRnZWJsb2Nrc3A-)

    PHOENIX – A federal judge dealt a serious rebuke to Arizona's immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

    The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation's toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge's order overturned.

    But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person's immigration status while enforcing other laws.
    The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision.

    She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
    The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

    "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer told the Associated Press. "The bottom line is we've known all along that it is The responsibility of the feds and they haven't done their job so we were going to help them do that."
    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge's ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

    The crowed clapped and started chanting, "Migrants, hang on, the people are rising up!"
    Gisela and Eduardo Diaz went to the Mexican consulate in Phoenix on Wednesday seeking advice because they were worried about what would happen to their 3-year-old granddaughter if they were pulled over by police and taken to a detention center.
    "I knew the judge would say that part of the law was just not right," said Diaz, a 50-year-old from Mexico City who came to Arizona on a since-expired tourist visa in 1989. "It's the part we were worried about. This is a big relief for us."
    Opponents argued the law would lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
    "There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. She added that a requirement of the law that police determine the immigration status of all arrested people will prompt legal immigrants to be "swept up by this requirement."
    Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

    Bolton noted that the expected increase in immigration checks from Arizona will divert federal resources away from other priorities and said the federal government has shown that it's likely to succeed on its claim that such mandatory checks under the Arizona law would be trumped by federal law.

    Responding to the ruling, Justice Department spokeswoman Hannah August said that the agency understands the frustration of Arizona residents with the immigration system. She added that a wide range of state and local policies would seriously disrupt federal immigration enforcement.
    Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

    Brewer is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives. It's not yet clear how the ruling will affect her campaign, but her opponent was quick to pounce.
    "Jan Brewer played politics with immigration, and she lost," Arizona Attorney General Terry Goddard, a Democrat. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
    Republican Rep. John Kavanagh, one of the law's top supporters, said he was disappointed by the ruling and that he expects it to ultimately end up being decided by the U.S. Supreme Court.
    "I don't think the judge's statements in the hearings justify this ruling," Kavanagh said. "I don't think the law justified her injunction."





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  • cdeneo
    03-25 09:36 PM
    Is delivery confirmation possible for PO Box addresses?

    I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).





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  • mingan
    01-28 10:41 AM
    My I140 got approved.

    RFE on Job description in Experience letters.
    reply to RFE on 21st Jan 2008
    approved on 25th Jan 2008
    NSC





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  • bugsbunny
    05-20 03:44 PM
    What exactly does "OP" stand for?
    Original Poster or something similar :p



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  • malibuguy007
    07-17 12:36 AM
    Very well written article indeed and quite balanced.





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  • devikas81
    06-19 03:44 PM
    I am on similar situation....I really appreciate if someone can advise on it...
    Thanks in advance...



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  • sheela
    08-06 07:58 PM
    I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to
    register."

    I sent you PM. Please, check the same





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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State



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  • sreeks925
    02-03 04:24 AM
    Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.

    "Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.

    To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.

    "I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.

    He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.

    "It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.

    He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."

    "There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.

    "And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.

    He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."

    Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'

    ". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.

    http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm





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  • MannyD
    09-11 03:34 PM
    Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!

    The poll tool doesn't allow more than 10 options at a time. Now that I know the distribution of EB category, I will post another poll to get the years. I will create the new poll after checking out October visa bulletin.

    We've all got to keep busy creating a poll or answering one for a while... don't we? ;)



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  • CRAZYMONK
    09-27 10:56 AM
    You have to file PERM again also I140





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  • mhtanim
    06-30 02:04 AM
    Your H-1B stays valid for as long as it is approved, even if you enter using AP.

    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?



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  • kaisersose
    07-02 03:46 PM
    USCIS and DOS played ping pong on us.

    USCIS played June Fool.

    We are panned.

    I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.

    I planned to leave my company in 6 months. Now again I am struck.

    I decided to marry a girl just because the dates are current. Now I am struck.

    Oh USCIS(GOD)!!, Why did you do this me?

    You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???

    Man! You are fast!





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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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  • meridiani.planum
    07-13 12:32 PM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny

    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.





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  • rocky123
    05-01 09:31 PM
    I complete 6 yrs on H1-B in August, 2007

    Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.

    Have a good job offer from company B, but seek your clarifications before I move further.

    a. If I move now, can I take my 3 yr extension filed by company A with me or

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?

    Kindly help me out.

    I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
    is making my life miserable.

    Thanks



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  • GCNaseeb
    02-17 12:33 AM
    My 180 days have been passed. My Career was stagnated from last 6 years. I joined a consulting company and asked him the same title as my Labor. At the client I am now IT Director. Who cares? for USCIS, I am still a Sys Admin, but in real world, I am IT Director and people are reporting to me. Wow, what a difference this AC21 brings in!





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  • goel_ar
    01-10 02:08 PM
    As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
    In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks





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  • GreenLantern
    04-13 05:55 PM
    I forgot to mention that I am also proficient in Photoshop 7.





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    eastindia
    05-10 10:54 AM
    My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)

    4-5 years is nothing. I have seen people pending 9 Years in EB3 India.



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