Wednesday, June 8, 2011

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  • god_bless_you
    06-14 09:14 PM
    From Today's Lou Dobb's....
    Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
    LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
    Here's the problem...
    SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
    SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.

    What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.

    REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.

    So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.

    SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.

    (END VIDEOTAPE)

    SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.

    PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.


    Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?

    (BEGIN VIDEOTAPE)

    SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.

    PILGRIM: What does that say about the value of this bill, sir?

    SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.

    PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.

    SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.

    We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.

    PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?

    SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.

    PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?

    SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.

    PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
    SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.





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  • bijualex29
    03-24 12:48 PM
    I am wrong in my number. I added 10% to EB-1,2 and 3 all separately





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  • jsrajavel
    09-20 07:45 PM
    EAD expiring tomorrow 9/21/2010.Can I continue to work? My renewal is still pending. I submitted EAD renewal application on 7/22/2010. If my employer is OK with EAD renewal application, can I continue work?





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  • tabletpc
    03-16 05:47 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????



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  • mzafar125
    11-01 09:47 AM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!

    I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
    Thanks!





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  • kk_kk
    05-12 02:10 PM
    I have travelled via Frankfurt recently and you don't need a transit visa if

    while going from USA to India

    1. if your final destination is India and you hold Indian Passport

    while coming from India to USA

    2. AP is just fine.



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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it





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  • geniousatwork
    04-13 03:26 PM
    Congratulations....Hope we have more approvals.



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  • alparsons
    January 1st, 2005, 02:33 PM
    Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.





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  • GCNirvana007
    08-23 10:31 AM
    Guess we call it official - No one pending prior to Oct 1st 2003 EB2 as far as this site goes



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  • frostrated
    09-05 06:11 AM
    I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
    With Employer B, I have an approved EB2 140, but the priority date is in 2007.
    What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?





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  • InTheMoment
    11-17 02:51 PM
    STAmisha,

    My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.

    As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.

    If you want I can e-mail his deatiled FAQ to you.

    :)



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  • Ramba
    03-28 01:44 PM
    if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??


    all this calculation are possible, only if per country quota is eliminated.





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  • miguy
    06-29 10:45 AM
    Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?



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  • dpp
    08-18 12:09 PM
    that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K

    They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.





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  • techbuyer77
    06-12 05:11 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them



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  • gc_chahiye
    09-17 02:35 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25

    you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).

    In the meantime you can do whatever you want at company B, either on H1 or on EAD.





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  • ajaykk
    07-27 03:30 PM
    From the below FAQ2 just release by USCIS

    Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
    A21. Yes.


    Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
    Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.





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  • Gravitation
    01-02 01:00 PM
    On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).

    What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.





    chanduv23
    06-25 08:00 AM
    This is an answer to Ron Hira types of folks who complain H1b visas are complimenting offshore work. So the answer to Ron Hira is - B1 visa will compliment the offshoring and not h1b.

    For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.

    This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.

    There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.

    If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.





    nousername
    07-22 07:57 PM
    Well said

    On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!



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