Wednesday, June 8, 2011

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  • styrum
    01-23 11:47 AM
    Thank you for contacting me regarding the immigration debate in the
    U.S. Senate. It was good to hear from you.

    As you know, in the 109th Congress, the Senate considered changes to
    immigration law. These efforts would affect more than just undocumented
    workers here in the United States � it would affect every American in
    one way or another.

    I supported the bipartisan Comprehensive Immigration Reform Act of
    2006, S. 2611, when it was considered in the Senate during the 109th
    Congress. This bill would have provided many new provisions for border
    security and enforcement and to address legal and illegal immigration. The
    legislation would have provided funding to reinforce hundreds of miles
    of existing border fences and establish a �virtual fence� comprised
    of cameras, sensors, automated aerial surveillance tools, and other
    security measures. The bill would also have authorized funding for
    additional Customs and Border Patrol agents to assist with security efforts,
    and required employers to have a system to verify the required
    documentation from potential workers. S. 2611 would have increased the number
    of visas for high-skilled workers, including those who have earned an
    advanced degree. Finally, the bill would not have allowed for amnesty,
    but it would have provided a meaningful way to address the legal status
    of undocumented workers who currently live in our country.

    Under the Senate proposal, undocumented workers could have earned legal
    status after completing all the requirements to begin to adjust their
    legal status. These requirements include filing an application, payment
    of all fines, fees, and back federal income taxes, and providing proof
    of being physically present in the United States and being employed for
    five years prior to the bill�s enactment. Undocumented workers must
    then continue to show proof of employment and being present for at
    least six years after the bill would have gone into effect. Individuals
    must also demonstrate basic citizenship skills, pass security and law
    enforcement requirements, and complete Selective Service registration
    requirements.

    As you may know, the comprehensive immigration bill passed the Senate
    on a bipartisan vote with the support of the White House. The House of
    Representatives passed another version of immigration reform that
    emphasized enforcement only. Instead of meeting in conference to negotiate
    differences in the respective bills, the House held a series of public
    hearings around the country, and refused to meet with Senate
    negotiators, and the 109th Congress ended without this issue being addressed.

    I believe that we need a comprehensive approach to immigration reform.
    Enforcement is important, and securing our borders is important. But
    if we focus only on enforcement and border security, then we will only
    have addressed part of the problem. Many of the current proposals are
    unworkable and would ultimately cause more harm to our economy and our
    country. Our immigration policy should also provide positive change for
    the future of our country. We should make sure our actions reflect our
    security, our economy, and the opportunity that America has offered for
    generations of immigrants.

    As we move forward to the 110th Congress, please know that I will keep
    your thoughts in mind as Congress begins to work on immigration reform.
    If you would like to know more about my work in the Senate, please
    visit my website at http://murray.senate.gov/updates/.

    Again, thank you for taking the time to share your thoughts with me.
    Please keep in touch.

    Sincerely,


    Patty Murray
    United States Senator





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  • a_yaja
    09-09 12:30 PM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,

    As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
    Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.





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  • srarao
    08-18 12:01 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.





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  • langagadu
    05-06 12:19 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?




    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris



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  • dce.deepak
    11-08 08:30 PM
    Labor needs to be applied accordingly too.. mention of masters degree and experience in job duties and posting





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  • mars
    08-17 02:49 PM
    Hi,

    When we apply for H1 Extension we need to get an approval from DOL before posting( Earlier it used be online and from july 1 2009 this cannot be approved online).

    It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL)
    regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)

    As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..

    could some one please provide more details reg this...

    mars..



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  • colors
    09-05 11:42 AM
    Kumar,

    It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.

    Hope that helps





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  • langagadu
    05-06 12:19 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?




    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris



    more...


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  • prdgl
    02-12 09:33 PM
    Hi,

    Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.

    Thanks





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  • katakamk
    02-07 09:55 PM
    Hi Kapil,

    what is your priority date & category (EB2 or EB3)? when did you apply I485?

    with regards,
    EB3 - 2003 PD



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  • Green.Tech
    08-03 05:11 PM
    AFAIK, one can amend the EB-3 485 petition and inform USCIS to use the new EB-2 labor and 140 for the same 485 application from before. I don't think that a new 485 needs to be filed in this case. I may be wrong though.

    Anyone has any legal insights into this?





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  • abhijitp
    07-17 06:25 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf



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  • uma001
    10-23 04:44 PM
    Thanks a ton Elaine! Your help is very much appreciated.

    You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.





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  • bijualex29
    09-12 11:43 AM
    Filed on 9th July at NSC
    Got receipt on 5th Sep from WAC
    EAD card ordered on 11th Sep.

    Hope this will be helpful.

    I have contributed to IV for there good work. I will never forget the 2-July visa feasco.



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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.





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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...



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  • ohguy
    02-18 06:53 AM
    I did not get any update like that. Should I call them up and find out the status? I received a letter to my home from Nsc just stating that my case has been transferred to Tsc.





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  • dwhuser
    06-15 04:43 PM
    yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
    Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.





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  • mheggade
    01-24 12:58 PM
    Maybe your lawyer should jump into the well or go back to school ;)

    Very funny, I agree with you.





    kpchal2
    03-17 10:53 PM
    hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.





    nb_des
    02-13 10:17 AM
    i spent around 3000$ for studies, could get only 2000$ under lifetime...

    is there anyway i can claim the entire 3000?

    I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).



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