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  • freakin_gc
    02-12 02:31 PM
    yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney

    citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.




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  • Appu
    04-02 12:40 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?




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  • mani_r1
    12-12 11:42 AM
    Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.

    Thanks ck_b2001




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  • Blog Feeds
    06-27 06:50 PM
    AILA Leadership Has Just Posted the Following:


    President Obama and Congress members met privately at the White House on Thursday for their first major discussion of immigration reform. A Way Forward on Immigration (http://www.nytimes.com/2009/06/27/opinion/27sat1.html). New York Times Editorial June 27, 2009. President Obama has a lot on his plate dealing with the economy, health and energy but his approach to immigration reform indicates a clear grasp of the complex dynamic needed to win the battle. The need to reform our immigration laws now could not be more immediate or urgent. There is a crisis in immigration and the need to fix this mess has never been more critical. Immigration raids in our communities and our factories, along with the horrific conditions of detention, have created dread and anxiety within our immigrant population. The process of obtaining lawful status has become unreasonably difficult, and there are few options for the millions of immigrants, many of whom have deep roots here, but entered without visas or have expired visas. Millions of these people have U.S. citizen spouses and children, but no path to legalization. Despite decades of living in the U.S., and contributing to our economy, and whether applying for immigrant or nonimmigrant visas, the pattern is the same: restrictive adjudications coupled with outdated visa quotas that choke the system and make the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer. Due process protections that form the basis of our great democracy have been stripped from immigrants.

    President Obama told a bipartisan group of lawmakers this week that Congress should begin debating a comprehensive immigration by year�s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs. Republicans Focus on Guest Workers in Immigration Debate (javascript:popup(). The White House released President Obama's remarks following a meeting on June 25, 2009 with congressional leaders to discuss immigration reform, in which he expresses his administration's support for CIR and indicates a clear understanding of the issues and how to fix them. President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders (http://www.aila.org/content/default.aspx?docid=29384)


    The American Immigration Lawyers Association (AILA) understand immigration in a way that only a doctor understands medical ailments or an engineer understands building bridges. We know the issues from a deep perspective and not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).

    The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration - making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system - everything else on the President's domestic agenda is vulnerable to being dragged down. This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy. The Joint Center for Housing Studies of Harvard University released a new housing report which notes, �immigrants could be a key element to recovery." Immigration Impact, June 26, 2009, Immigrant Homebuyers Play Crucial Role in Housing Market Revival (javascript:popup(). The president announced that he has charged DHS Secretary Janet Napolitano with leading a bipartisan, bicameral working group to help negotiate and move a legislative package later this year, and those of us who have been championing immigration reform�and who have been training for this day�are off to the races (http://www.americanprogress.org/pressroom/statements/2009/06/White_House_immigration_meeting_statement062509.ht ml). President Kicks Off Immigration Reform (javascript:popup()"The White House meeting yesterday demonstrated that the question is no longer whether reform is necessary or whether it can be achieved this Congress. Those questions were answered squarely in the affirmative." Center for American Progress (CAP), June 26, 2009.

    The CAP report articulates five principles for responsible immigration reform grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. The nation�s broken immigration system undermines our core national values, disserves our economic and security interests, and diminishes our moral standing in the world. Congress has for years now overseen an explosion of expensive, ineffective enforcement policies that have wasted billions of taxpayer dollars, enriched criminal syndicates, divided families, disrupted communities, and battered local economies rather than confronting our failed policies with common sense solutions grounded in what is best for our nation. In short, Congress has sacrificed our national interest at the altar of a destined-to-fail, get-tough enforcement strategy.
    Confronted with this crisis the United States is left with three options: 1) preserve the status quo�an option that no responsible policymaker would advance; 2) drive millions of workers and families out of our communities, which CAP estimates would run over $41 billion annually; or 3) embrace tough but fair and practical solutions.

    The Center for American Progress correctly concludes that the status quo is untenable, mass deportation is contrary to our national interests and values, and the only viable approach is comprehensive immigration reform. Such reform would require immigrants to register and become legal, pay taxes, learn English, and pass criminal background checks.
    Five key principles for reform should guide the president and Congress as they begin to reengage this pressing domestic priority. CAP�s principles for responsible immigration reform are grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. They are:

    Resolve the status of the undocumented

    It is morally and economically unacceptable for the wealthiest nation on earth to have 12 million people living and functioning in an underground economy in the United States. Our �shining city upon a hill� is casting a dark shadow over a large class of workers. These workers and their families are interwoven in our communities, yet they are proscribed from becoming full members of our society. Their labor enhances the nation�s competitiveness and enables economic growth, but their lack of legal status exposes them and their U.S. counterparts to manipulation and exploitation. Effective reform must require those living in the United States illegally to register, pay their full share of taxes, learn English, complete background checks, and earn the privilege of citizenship. The country will in turn benefit from an expanded tax base, a more robust rule of law, a workforce less vulnerable to exploitation, and a level playing field for all workers.

    Enhance legal immigration channels and labor mobility

    Globalization has made it increasingly more efficient to move capital, goods, and services across national borders. Yet legal channels facilitating movement of labor have not kept pace with this rapid development, even though immigration is an integral part of the American economy. The demands of global competitiveness require increased overall levels of legal immigration. Immigrants serve important roles in the success of the nation�s economy in boardrooms and corn fields, in Silicon Valley and the San Fernando Valley. Demographic trends show that an aging United States will need more workers across all occupation levels. Employment-based immigration and family-based immigration complement each other and should not be pitted against one another in a zero-sum game. Target levels should be adjusted to acknowledge that immigration is an engine of economic dynamism and to ensure that close families are not separated for years by outdated limitations. The United States must embrace the inevitable shift toward a well-regulated, legal, global labor market in order to retain our economic leadership.

    Protect U.S. workers

    Comprehensive immigration reform will benefit all U.S. workers. A program that brings undocumented immigrants out of the shadows will improve accountability for all employers. And a clear but rigorous path toward citizenship would diminish U.S. workers� vulnerability to unscrupulous employers. This creates fair, not exploitative, competition.
    Any reforms must also protect American workers by safeguarding their ability to defend their rights, including the rights to change jobs freely and organize without fear, and to earn a fair wage. Millions of American workers are experiencing unemployment or underemployment in today�s economy, and we should strive to provide just wages for all workers and terminate policies that enable employers to participate in a race to the bottom of the wage ladder.

    Foster an inclusive American identity

    Our country�s identity is shaped by core values of equality, freedom, and opportunity. Immigration and the process of assimilation constantly tests and ultimately strengthens and deepens our commitment to those values. We must be vigilant, however, to ensure that newcomers have access to programs�language and civic education�that facilitate their integration into the nation�s social and cultural fabric. Naturalization, the cornerstone of integration and first step in civic participation for new citizens, must be accessible and encouraged.

    Adopt smart enforcement policies and safeguards

    The U.S. Border Patrol�s annual budget has more than quintupled since 1993 while the number of undocumented immigrants in the United States has tripled to approximately 12 million during that same time period. Militarization of the border has obviously failed as an immigration control strategy.

    CAP has a clear grasp of the essential ingredients to reforming our immigration laws and the American public gets it. More than 80 percent (http://amvoice.3cdn.net/ea94778f39d6c895c3_zvm6beppq.pdf) of Americans across the country, across party lines, and across nearly all demographic cross-sections, want comprehensive immigration reform that secures our borders, makes employers accountable, and requires undocumented workers to register, learn English, and pay taxes.

    The president and Congress must move forward on the path they laid out this week and the American public is clearly behind the popular president.https://blogger.googleusercontent.com/tracker/186823568153827945-1584438715913274381?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/immigration-reform-now-reality.html)



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  • slowwin
    06-11 08:36 AM
    Hi,

    vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.

    Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.

    Thanks,
    slowwin

    -------------------------------------------------------------------------------------------------------------------

    DISCLAIMER: This not a legal advise. Please consult your attorney.




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  • sands_14
    09-23 09:59 AM
    I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX



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  • pitha
    01-31 12:47 PM
    How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.

    I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.

    All the more reason to push for the 485 measure.


    All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.




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  • aph0025
    11-12 01:13 PM
    sure. i will PM you.
    I got it, thanks a ton.
    Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?



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  • rolrblade
    03-18 08:14 AM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.




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  • tyson
    01-11 11:38 AM
    Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.

    For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.

    He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.



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  • gkaplan
    04-22 12:03 PM
    thank you so much
    I was thinking the same.
    so do you think should i transfer to H1B and how does it happen.
    thanks for sharing your opinions on my query.




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  • rb_248
    04-19 08:16 AM
    I guess this is true democracy. Politicians just don't act. This is the reason why so many countries are still not democracies. :(
    Keep the hopes up. Sometime we all will see relief.



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  • am2006
    12-08 08:34 AM
    Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
    What's the Bill # and which house is it being introduced in?




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  • m.e.g.
    04-01 01:22 PM
    Ok, sadly there is no option in Illustrator 9. At least nothing convenient like when you go to save. I've tried searching in the preferences for anything that would let me save it as a PDF compatible, but no luck. Guess it finally time to upgrade. :emb:

    On the bright side there is a lot of good info on sunnypixels about what happens with gradients, strokes, etc. when you import them into Blend.
    Thank you!
    Meg



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  • desi3933
    09-05 05:53 PM
    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.


    The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.

    The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.

    Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).

    Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov

    *** Disclaimer - This is general info and use it at your own risk *****

    ____________________________________
    Proud Indian American and Legal Immigrant




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  • go_guy123
    05-18 03:25 PM
    If this passes this will be awesome for Ph.D. graduates.

    Wont make a major difference overall except take PhD out of the queue.
    Anyway PhDs are very few per year. A lot of PhDs taking
    faculty positions get EB1 anyway so this bill would mainly help those PhDs
    with EB2



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  • gc28262
    07-18 03:47 PM
    On H1B it is illegal for employer to enforce bond:

    Please read employees rights in DOL page:

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.




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  • mirage
    06-11 11:55 AM
    You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
    :mad:




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  • tushbush
    02-03 08:11 PM
    Congratualtions Ivar!
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.




    kaisersose
    06-02 03:24 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?

    Here is how I see it,

    1. You use your EAD and quit your employer.
    2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
    3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
    4. But she is no longer in the US legally and so she cannot really apply.

    I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.




    excogitator
    11-23 03:34 AM
    All the Best Everyone!!! :)



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