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dixie

08-21 08:49 PM

1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).



What sort of "fairness" do you hope to achieve by delaying new GC applicants ? Given the current pace of visa number availability, it is going to be 2015 or so before a 2006 PD for EB-3 becomes current and USCIS gets to it. Does that not already take care of "fairness" with respect to older applicants ?

For a new GC applicant who is looking at another 8-9 years wait to file 485 (I am one of them and there are plenty on this forum) it is more important than ever to lock a PD asap. Even assuming it is in larger interest of all of us, how will you educate an average lawmaker of all these intricacies ? We are having a tough time as it is distinguishing ourselves from the illegals.

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Euclid

02-12 10:07 AM

Hi Ann,

Thanks so much!


Hi Euclid,

In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

Ann


Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

A The �receipt rule� is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.

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morchu

04-21 02:45 PM

Try to be "truthful" in the "intent".

You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.

If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.

Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.

-Morchu

[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

what kind of evidence you need to provide to show the intention that you will move back to the original location!

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Maverick_2008

07-20 04:23 AM

Stayed in the US for a dozen years, got my masters, worked at a Fortune 10 company for several years, finished my 40 social security credits, always thought about coming back home (India), did actually come back to India 1.5+ years ago, left all uncertainties about the US immigration process behind, accepted a good job (big fish, not-so-small pond in my hometown) and accepted India as it is.

So, for those who have been waiting patiently for their papers and want to settle in the US, all the very best.

For those, who want to come back to India to their friends and family, India *is* still !ncredible.

Maverick_08

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Img

10-19 08:20 AM

Apparantly checks are not accpted any more.


C. Personal Check in Mail:

Begining Oct 18 2007, we are not accepting paper checks in the mail for an indefinate amount of time. If you have already sent the check before Oct 18 2007, we will accept it and encash it. Please contribute funds electronically using the Paypal or Google checkout links above. Thank you for your contributions and sorry for the inconvenience.

RK

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Tito_ortiz

11-17 11:47 AM

Hmmm...

In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.

That is just my humble opinion.

Regards,

Tito


Do you agree with this statement

If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. IUf there is no reform by January 2008 its not gonna happen.

Thanks

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immigrant2007

07-19 09:05 PM

It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!

Hi Rajenk

thanks for the information

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mhathi

02-03 05:10 PM

Tomplate,

My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.

Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!

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indyanguy

12-19 06:13 PM

Husband + Wife - 1 Application

Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck

Can you explain how "follow to join" works? Thanks

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morchu

04-21 08:46 AM

Depends on many variables.

1. What is the field of your / your spouse's job? Can you find a good job in Canada?
2. Is there any other variables that force you to be in USA. (Relatives etc..)?

For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..

"7 years" for US citizenship is tooo optimistic.
If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.

-Morchu

well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


Any thoughts??

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srgadi

07-20 08:02 PM

Hi All,
Is having paystubs absolutely essential or will w2's suffice ?

As far as I know paystubs are not part of the required documents for AOS, tax returns are.

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samswas

05-25 03:37 PM

I think the problem is with the Poll.
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.

So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??

Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote

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paritp

04-13 06:59 PM

I received Green card approval email from USCIS even though my PD is not current

Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
I received the Green Card approval email from USCIS. I checked my status on USCIS.gov it says my case has been approved and card production has been ordered.
The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.

I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
What should I do in this case?

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HereIComeGC

03-26 11:06 AM

I will go first: 50%

:p

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sanju

11-25 10:03 PM

i doubt they'll take it on in Spring, with little to no chance of economy recovering by that time (or that whole year) passing an immigration bill will see a major backlash from everyone.

Good intentions but doubt if it will happen

Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.

The point is, immigration bill could be part of the economic agenda to revive the economy.



.

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chanduv23

08-09 08:39 AM

Check this out, get inspired

N2KFOXvkHNM


Make it to the luncheon as well as the rally

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immi_grant

06-25 02:10 PM

Thanks for the response !!

This client is a direct client to my company and there are no middle layers or vendors. So like you said if I can get an email from the client that they can't give me the letter via their corporate email would work ? Would this suffice to open a MTR ?

Thanks in advance.

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waitingnwaiting

11-16 01:35 PM

ABC NEWS: Will Congress Vote on DREAM Act for Illegal Immigrants in 2010?

Senate Majority Leader Reid, Speaker Pelosi Weigh Lame-Duck Vote on Immigration

By DEVIN DWYER

WASHINGTON, Nov. 15, 2010�

Senate Vote on DREAM Act, Immigration in Lame-Duck Congress? - ABC News (http://abcnews.go.com/Politics/senate-vote-dream-act-immigration-lame-duck-congress/story?id=12136182)



They came through for him during a tight reelection campaign in Nevada. Now Hispanic voters are looking to Senate Majority Leader Harry Reid to return the favor.



Reid has promised a Senate vote this year on a small piece of immigration legislation known as the DREAM Act, which would give hundreds of thousands of undocumented immigrants a conditional path to legal residency.



"The answer is yes," Reid told Univision host Jorge Ramos in October when pressed about whether there will be a vote. "I have the right to bring that up any time I want."



As Congress reconvenes this week for the final session of the year, Reid now has roughly a month to make good on his promise.



Many immigrants and immigrant advocates, particularly Hispanics, have been disappointed by Congress' inaction on legislation to address the situation of millions of the country's undocumented immigrants, particularly those who are young children.



However, Republican opposition to efforts to legalize undocumented immigrants, a packed end-of-year legislative agenda and a bleak track record for controversial bills during lame-duck sessions all cast doubt on chances of the bill's passage this year.



The DREAM Act would grant legal status to immigrants who complete college or at least two years of military service and maintain "good moral character." It would apply to immigrants younger than 36 years old who arrived in the U.S. illegally as children under the supervision of their parents.



"We are very confident this will come up for a vote," said Flavia de la Fuente of the adovacy group DreamActivist.org. "We are confident that the American people and that the moderate GOP will make the right choice when it comes to investing in the future of this country."



Reid attempted to attach the measure as an amendment to the defense authorization bill in September, drawing intense protest from Republicans, who accused the Democrat of playing pre-election politics.



Ultimately, Republicans blocked the effort to bring the defense bill to the floor for debate, precluding a chance of adding the DREAM Act. The bill also included a repeal of the military's "don't ask don't tell" policy.



"We're going to vote on the Dream Act; it's only a question of when," Reid said after the vote. "It's a question of fairness. This is not the end of this."



Many activists on both sides of the issue agree, however, that chances of the bill's passage are only going to grow dimmer with an influx of Republicans set to join the House and Senate in January.





Roy Beck, president of Numbers USA, a group that favors tighter immigration controls and supports Republicans' efforts to block the DREAM Act, said the measure is flawed.



"Some of these [immigrants] are compelling cases, no doubt about it," said Beck. "But you've got to draw some lines a lot narrower than the DREAM Act draws them. This is about giving millions of illegal aliens permanent work permits, and I don't think in this economy that this is a very happy time to be doing that."



President Obama supports the legislation, as does Defense Secretary Robert Gates, who says it would help recruitment, and Education Secretary Arne Duncan, who says it's "the right thing to do for our country."



But it's unclear whether the administration will push behind the scenes in the weeks ahead to make it a legislative priority. The Congress already faces challenging debates over whether to extend the Bush tax cuts, fund the federal government through 2011, and approve a controversial defense spending bill.



"The president supports the DREAM Act and I support the DREAM Act. The president supports immigration reform, and I support immigration reform. And how Congress takes that up is for the Congress and the leadership to decide," said Homeland Security Secretary Janet Napolitano in September.



The DREAM Act has received some bipartisan Senate support in the years since it was first introduced in 2001. It was approved as part of immigration reform bill in 2006, but the package later failed in the House. In 2007, the Act was filibustered when it came up for an up-or-down vote.



Speaker Nancy Pelosi has decided not to list DREAM Act as a priority for this week, a senior Democratic aide told ABC News. But it could come up after Thanksgiving.



According to the nonpartisan Migration Policy Institute, about 2 million of the nearly 11 million undocumented immigrants currently living in the U.S. could be eligible for legalization under the DREAM Act.



The group also estimates, however, that only 825,000 of those immigrants would ultimately take advantage of the law if it were enacted.



ABC News' John Parkinson contributed to this report.




DESERT NEWS: Sign the Utah Compact

Published: Sunday, Nov. 14, 2010 12:00 a.m. MST

Sign the Utah Compact | Deseret News (http://www.deseretnews.com/article/700081235/Sign-the-Utah-Compact.html)



Already recognized by Forbes Magazine as the top state in the nation for business, Utah further burnished its reputation for pro-family and pro-growth policies this week as civic, business and religious leaders signed the Utah Compact, a declaration for principled immigration reform.



Historically, during periods of economic recession, business leaders and policy-makers have reverted to what economists call zero-sum thinking � the belief that one person gains only when another loses. When we only have so much pie, it is entirely rational to worry about how the pieces are divvied out. And when the pie is shrinking, the rules for who gets a slice become even more critical.



Fixed-pied concerns are undoubtedly part of what lies behind the complex debate about immigration. There is understandable fear that immigrants might take increasingly scarce jobs and resources from citizens. And any public expenditure on immigrants, whether through social services or law enforcement, draws down a limited public treasury that deserves scrupulous stewardship.



But people also intuitively understand that the best way to ensure more pie over the long term is not to hoard what is being served right now, but instead figure out how to expand the pie. This is what economists call positive-sum thinking � the belief that through exchange we can expand the pie, not simply fret about how it is divided.



The recent recession, followed by a jobless recovery, has served up a fixed-pie economy. But zero-sum or fixed-pie thinking is never the path toward sustained prosperity. And as many of Utah's prominent civic, business, and religious leaders signed a declaration on immigration reform called the Utah Compact, they sent a powerful signal to the world that Utah embraces positive-sum, pie-expanding thought and policies. Instead of creating a hostile environment for immigrants, they have outlined thoughtful principles that embrace the promise afforded through immigration. They have sided with the consensus view of pro-growth free-market economists who recognize that immigration actually creates jobs and revenue. (www.nytimes.com/2010/10/31/business/economy/31view.html)



Even more important than the powerful economic growth message inherent in the Utah Compact is its embrace of those core values that support a free, humane and prosperous society: respect for the rule of law, respect for families, respect for individual liberty and respect for the dignity and humanity of each individual. It emphasizes an orderly approach to the critically important concerns of enforcement and security.



The Utah Compact is not itself a policy � it is a thoughtful declaration of principles that lawmakers should use as they work to craft pragmatic legislation that helps our state deal with the problems and promise afforded by immigration. We are impressed by the array of distinguished civic, business, and ecclesiastical leaders who have signed the Utah Compact or endorsed its principles. We encourage our readers to read the Utah Compact (The Utah Compact - Read the Utah Compact (http://www.utahcompact.com)) and sign it.

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glus

12-08 10:50 AM

I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.

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svr_76

06-17 03:04 PM

I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.

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frostrated

08-10 08:45 AM

Friends

This is my situation

My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.

Now we r planning to change my wife status from H4 TO F1.

Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.

Pl advice

Thanks

It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.

But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.

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