Sunday, June 12, 2011

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  • purgan
    09-18 11:54 PM
    The Other Immigration

    More information. May 7, 2006, Sunday
    By CHRISTOPHER CALDWELL (NYT); Magazine
    Late Edition - Final, Section 6, Page 15, Column 3, 876 words

    If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...


    ==

    This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.




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  • cool_guy_onnet1
    06-01 01:51 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.




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  • smsthss
    07-05 12:36 PM
    anybody on this !!




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  • anantc
    09-20 03:28 PM
    What is the Website-url for USCIS for tracking the 140? :confused:



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  • meridiani.planum
    05-18 12:56 PM
    If this passes this will be awesome for Ph.D. graduates.

    and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...




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  • Steve Mitchell
    November 8th, 2003, 10:50 PM
    To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.



    i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.

    This gave the shot a very surreal look.

    Don



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  • obviously
    08-04 11:45 AM
    Thanks for the 2 quick responses... albeit, opposite in recommendation :)

    1. No need to file new I-485
    - Has anyone done this?
    - Any risks that we should think about?

    2. File new I-485
    - Has anyone done this?
    - Apart from the additional cost and document preparation time, is there any other downside?

    Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

    Appreciate any responses or assistance!!!!

    Cheers!

    I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

    When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

    You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

    You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

    The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

    (e) Retention of section 203(b)(1), (2), or (3) priority date. --

    A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.




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  • Kitiara
    05-27 09:08 AM
    It took me about 5 minutes to ven <i>find</i> the links page... :sure: They're all vile. Truly hideous. :)



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  • knnmbd
    07-14 01:48 PM
    EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.

    2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country




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  • conchshell
    07-29 05:39 PM
    By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.

    Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.

    So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.

    So do we:
    1. Completely oppose amnesty to illegals immigrants currently living in USA
    2. Support amnesty to illegals immigrants currently living in USA
    3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
    4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
    5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.

    Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.



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  • eager_immi
    02-09 12:09 PM
    Ok, since immigration is taking a back seat because of the IRAQ war, please explain how does it make him a wonderful president? He is responsible for so many lives bc of the war. If he did not spend billions of tax payer money on iraq, when there were no weapons of mass distruction and/or saddam was not an imminent danger to the united states, don't you think we would have better use of our tax payer's dollars.

    Just beacuse he is pro immigration does not make him the best president (he cannot pass the bill on his own u know, eventhough "he is the decider"). What is the point he can be pro immigration for all people care but his republican party is not too thrilled with him and will not pass an amnesty bill. What has he done for the enviornment? He believes that there is nothing called global warming. So please just because he is pro-illegals, pro free trade does not qualify him as the best president.



    Bush is for immigration reform.

    I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.

    Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.

    Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.

    It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.

    As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.




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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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  • yawl
    05-11 10:50 AM
    It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!




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  • HRPRO
    04-13 01:47 PM
    I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!

    As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.



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  • fromnaija
    07-18 06:19 PM
    I have couple of questions, couldn't find answers in other threads.

    1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
    Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.


    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

    TIA.

    If you are not planning on using EAD and she won't either then she needs to change status to H4.




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  • pappu
    02-16 02:20 PM
    Hi,

    Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.

    Please let me know of the next time we plan to get together about this.

    Thanks
    get in touch with ivuser



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  • bkshres
    07-01 12:35 PM
    I have seen people getting FAFSA loan with pending I-485. If you are in non-immigrant visa status even H1B then you can NOT apply for FAFSA. But if you are in pending I-485 working on EAD then should be good. Better talk with school advisor for more detail.

    Good luck
    BK




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  • perm2gc
    08-26 01:19 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.well said dude




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  • Anders �stberg
    September 27th, 2004, 11:41 AM
    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.
    What a nightmare... just when you're about to take that photo of the bride-groom putting the ring on the bride's finger your camera rings with a loud polyponic hip-hop melody ... :)




    RajWantsGC
    05-21 11:19 AM
    well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.

    browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?

    Thanks
    Raj




    TeddyKoochu
    01-06 02:57 PM
    There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.

    USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.



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