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  • amitjoey
    07-17 05:55 PM
    The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
    Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.





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  • purgan
    05-25 09:39 AM
    please post the names and email adddresses of the authors....so we can all contact them.

    Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.

    I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
    90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
    exists...

    Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??





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  • anishNewbie
    01-07 01:56 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..





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  • phillyag
    02-12 04:02 PM
    My company is downsizing for sometime now...and I can be next.

    In that case can I move to EAD in the given situation ( as above) ?



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  • maximus777
    10-27 06:34 PM
    Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

    It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

    Thanks again!





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  • rayoflight
    05-05 04:07 PM
    Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.



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  • drirshad
    05-05 02:23 AM
    USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
    EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL

    April 22, 2010

    PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
    Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
    The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
    received at this email account will not be addressed.

    EB 1-485 CASE IDENTIFICATION PROCEDURES
    1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
    I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
    2. You should send an email to: EBUPDATE.Tsc@dhs.gov
    3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
    4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
    identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
    5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.





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  • sw33t
    11-07 07:54 PM
    95 and counting



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  • genscn
    07-30 01:34 PM
    My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?

    Thanks for clarifying/
    I believe my 140 was sent to Texas.
    No , I dont work for CTS.





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  • visaspirant
    10-21 11:26 AM
    Hello,
    Here's a snapshot of my scenario:

    1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
    2.My entry to USA: May 2006
    3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
    4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
    5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)

    My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.



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  • Tommy_S
    04-08 03:02 PM
    Yup, the text "suffers".





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  • katewill
    09-11 01:52 PM
    Yes, I would like to know how many of you are 01~02 PDs.



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  • vivaforever
    08-12 11:08 PM
    Guys you think Sept Visa Bulletin is coming soon?





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  • jigsaw
    02-19 08:30 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance



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  • HRPRO
    02-10 09:31 AM
    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?

    Krish,

    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

    HRPRO





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  • copsmart
    02-15 01:07 PM
    Come on, Man�

    Why are you so worried before even knowing whether your company is a TARP receiver or not?

    BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.

    Relax!!!

    Hi rvr_jcop

    Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.



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  • raviram1980
    01-15 12:19 PM
    Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?





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  • kangaroo70
    08-17 09:29 PM
    meet_rayhan:

    how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.





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  • sertasheep
    07-05 05:39 PM
    ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.





    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."





    anilsal
    07-16 05:12 PM
    That could explain why NSC never got the memo. Remember only EB I-485 is in question.

    Isn't it the other way around?



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