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  • n_2006
    05-22 03:53 PM
    Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.





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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • Tito_ortiz
    12-04 11:29 PM
    Alterego,

    It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.

    Alterego, one more time you are right.

    Tito

    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?





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  • x1050us
    07-19 10:21 AM
    This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
    Are you sure about this ? My understanding is, they don't recognize those doctors here and I remember seeing such note some where in the consulate website.



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  • akhilmahajan
    08-27 10:02 PM
    Do we have to attach photographs when we e-file for AP ?

    For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.

    Please make sure you write your name and Alien Number (A#) on the back of the photographs.

    I hope this helps.

    GO IV GO.





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  • suttu
    12-06 12:25 AM
    Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.

    THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.

    Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
    You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
    Lets discuss whether this swap will be possible or not, or what the loopholes are.
    thanks



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  • vrbest
    08-20 01:19 PM
    NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    EAD for me, wife and son.. No signs of approval yet





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  • pd_recapturing
    06-19 03:21 PM
    What if you apply 485 on your own and then, employer fires you just because, you did not abide by his rule. What would happen in that case ? I guess, in most of the cases where employer is creating problem with 485 filing, ppl might not be wanting to go on their own due to above mentioned problem.



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  • vallabhu
    04-02 02:00 PM
    sent both faxes #10 & 11





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  • forever
    08-06 09:44 PM
    They are processing cases based on I-140 approval date. It is clear now.

    What is the analysis for this conclusion?



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  • pcs
    06-17 01:04 PM
    This guy with absolutely clean record was held for 11 weeks for verification and lost his father in this process..

    I have been trying for last 8 weeks non-stop in front of computer and I am not able to even see any open appointment...

    WE REALLY NEED TO RAISE HELL ON THIS...


    SENDING LETTERS TO CLINTON or may be IV rep team to meet her on this issue...

    A lot of guys are stuck and have suffered for no reason...





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  • Ram_C
    11-09 05:37 PM
    Ram_C,

    Did you open a service request for FP? (for you or for your wife).

    If you did not, all NSC-CSC-NSC people, should be getting FP notices also.

    ______________________
    Contribution : $150 so far

    NO, I didn't open SR.

    I too hope all NSC-CSC-NSC transfer cases get FP notices soon.

    good luck :)



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  • abhi_022001
    03-26 02:06 PM
    I recently moved to Houston TX for a new job on EAD and got a vertical driving license which is valid till 2015 but there is a line printed on it "Temporary visitor status expires july 2010" which is expirary date of my EAD card...

    I think I will have to go to DMV again after getting new EAD card in 2010 to revalidate the new date





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  • walking_dude
    11-21 07:31 PM
    Folks, it's a good thing you guys are doing a grassroots drive. But please keep the chatter out of the public forums.

    Anti-immigrants prowl on IV as members. If they get an hint, you are meeting any Rep./Senator on some day, they'll bombard that office with phone calls, E-mails and faxes same day or next day. It will in effect nullify all your efforts. It has happened in the past and it's sure to happen in the future.

    So, please excercise due caution. Do not share information with the folks you don't know very well. These kind of actions are best suited to be carried out in your state chapter mailing-lists, where members are screened before joining. IV forums being public anyone can create a fake id in half an hour or one hour. It's not secure to carry these types of actions.

    Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...



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  • Googler
    02-20 09:00 PM
    Translation: we got our asses sued!

    Not just sued but assembly line whupped by federal judges. :D And the new Attorney General can't take it any more.

    The truest gem is this other line: "In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings."

    So all they were waiting for these unlikely events to happen while they kept hundreds of thousands of applicants in the deep freeze at USCIS?!





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  • Macaca
    09-03 08:26 AM
    From The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson, February 2005

    When you work and pay social security taxes, you earn social security credits. Most people earn the maximum of four credits per year. Each of the three main Social Security programs accumulates credits in the same way.
    To qualify for retirement benefits you must have worked for at least 10 years for a total of 40 credits.
    The amount of benefits is based on a person’s average earnings over 35 years. If a person is credited for less than 35 years of work, the missing years are averaged in as zeros, greatly reducing benefits.
    Social Security benefits to current retirees are funded primarily out of the taxes paid by today’s workers. For that reason additional workers are extremely beneficial to America’s “pay as you go” system. (page 4)

    Immigrants typically arrive near the start of their working years and may contribute to the system for up to four decades before receiving any benefits.
    In addition, the immigrants have children who upon reaching working age immediately start paying into the Social Security system. These children will not receive any benefits for often more than 6 decades after the arrival to America of their immigrant parent.
    By the time the child of the immigrant starts receiving benefits, the grandchild (or grandchildren) of the immigrant will already have been working and paying into the Social Security system for many years.



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  • ragz4u
    03-16 10:42 AM
    We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...

    Will update as soon as we hear more...


    Not sure if this can be construed as good news or bad news! :(

    The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!





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  • Googler
    02-20 05:06 PM
    The damn thing was taken down before I could save it. Did anyone save the file?





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  • gapala
    02-21 01:27 PM
    Also , answer HONESTLY. please keep in mind they come for clarification on info they already have in hand.
    good luck

    Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?

    Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
    That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.





    hydboy77
    06-10 07:42 PM
    You are the first guy who wrote a sensible post regarding CIR. Most if not all people here are delusional when it comes to CIR. I don’t trust Obama and Durbin to do any justice for Eb immigrants. The democrats agenda was always the illegals, as far as we EB are concerned they would prefer that we just get kicked out through endless RFE harassment from USCIS. The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants. So when the negotiations for CIR start Republicans will oppose any immigration so the democrats will strike a bargain with the republicans where they will ask for amnesty for illegals and in return they will happily throw the EB community under the bus by saying they are "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system. Before people get angry ask yourself this question
    1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
    2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
    3. Did it eliminate country quota.
    4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?

    The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?

    Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir



    And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.





    Sachin_Stock
    08-25 10:14 AM
    While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.


    That has always been a standard practice. That is part of PERM Labor process and is NOT new.



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