Saturday, June 11, 2011

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    • Prashanthi
    05-08 04:17 PM
    I agree you might be better off filing a new I-485 if the visa number is available once the I-140 is approved. It is sometimes difficult to get the USCIS to do the interfiling, they often don't send any acknowledgment of the same.




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    • cvk90
    07-05 02:01 PM
    they told me that there would not be a 10% penalty but I cannot roll over either. My basic question is that whether IRS controls the benefits offered by private organization based on visa status ? This does not make sense.

    Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
    Could someone comment on the legality of this whole argument ? Thanks a lot.




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    • LC2002
    04-14 11:06 AM
    Congratulations..

    Thank You!




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    • menezeswayne
    12-11 02:30 PM
    My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.

    Thanks in advance.


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    • perm
    08-13 10:09 AM
    This is nice. I am in too




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    • dontcareanymore
    05-12 12:51 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>


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    • mdcowboy
    02-17 07:38 PM
    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?

    You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.




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    • sp0
    09-26 05:46 PM
    My friend will join the forum and write his questions in this context directly. I did pass him the link pathmaker gave.

    Thanks again for all the help.


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    • jonty_11
    07-24 12:19 PM
    what abt ppl who are already contributing members...?
    Poll doesnt cover them




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    • FredG
    January 2nd, 2005, 06:40 PM
    A piece of black velvet or similar material would fix that, and isn't too expensive if you stick to one or two.I picked up small pieces of black and white non-reflective velvet that do a nice job. Any local fabric shop should carry it. Not cheap, but it won't break the bank. They might have remnants that would be large enough.
    Contribution Poll [Archive] - Immigration Voice
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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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    • axp817
    04-11 07:14 PM
    Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.

    I haven't heard of companies doing that but you never know.

    Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.

    If I were you, I would do the following.

    1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
    2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
    3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
    4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.

    Good luck. Keep us posted.


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    • hpandey
    12-30 09:05 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...

    Thanks

    I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .

    On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )




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    • frostrated
    10-26 02:03 PM
    "NO right turn on Red" can be thought of as an image. Whenever we read anything, we do not actually read the spelling of the word, but we look at the image the words form. That is the reason we sometimes have difficult when the letters are not legible as the image does not map to anything in our permanent memory. humans or any animals recognize through visual stimulii, not reading. Think more on this, it is interesting to the solutions that come out of it.


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    • chanduv23
    09-04 06:41 AM
    any pickups from Queens area or Manhattan???

    also can someone give link to something that can be printed like a flyer re: rally on 18th?


    I live in Queens - will do something about it. Lets stay connected.




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    • shree09
    08-08 06:14 PM
    Thanks to everyone who replied.

    I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.

    Do you have any suggestions for the canadian places. I heard Vancouver is popular.
    Is one place better than another one..

    Any info will be really helpful


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    • indyanguy
    08-11 07:13 PM
    bump ^^^




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    • logiclife
    02-27 08:11 PM
    Thanks for taking the interest and posting the comment.

    What you mean is change the content of the webfax,not the format.

    Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).

    You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )

    Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.

    However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org

    Thanks for taking interesting and sharing your view.

    --logiclife.




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    • nashim
    08-11 11:28 AM
    It will be easy to reconcile if some one creates a single polling post from 2001 to 2008




    naushit
    01-09 02:58 PM
    Guys Here are my ideas for actions.

    Our community is facing basically two types of problems

    1) Visa number shortage.
    2) USCIS Administrative problems.

    Visa Number shortage is not fixable without proper law change.

    While USCIS Administrative problems are easier to handle.

    I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
    Sit down with her....and explain her along with "Power point" presentation.

    We are highly skilled professionals, so lets tackle these issue very professional way.

    We should explain her about following things

    - Out of order case processing ( this will fix about 40% of our problems)

    Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.

    - Timely publication of numbers.

    - Proper publication of backlog numbers with details for each category.

    - Open communication with IV community just like Ombudsman take calls from public.

    - Please add your idea here

    Thanks!
    Naushit.




    Refugee_New
    08-02 02:39 PM
    Dude/Dudet...

    It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:

    is there any limitation in sending DHS 7001 to ombudsman?

    Because i already sent this form twice and no response so far. Should i send it third time?


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