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01-11 08:10 AM
The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
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krishmunn
03-07 03:49 PM
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.
To summarize , recalling 140 has NO impact in OPs case.
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.
To summarize , recalling 140 has NO impact in OPs case.
morchu
05-20 11:09 PM
The suggested method is to file a new I140 after the EB2 LC approval, along with the older I140 approval notice and a request letter quoting the related law and claiming the older priority date.
Never heard of amending an already approved I140 to a new LC.
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
Never heard of amending an already approved I140 to a new LC.
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
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vinabath
07-31 11:05 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
more...
pointlesswait
02-13 06:55 PM
vote por favor, for IV ;-)
freddy22
07-20 07:34 AM
The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
more...
reddy77
04-12 02:20 PM
Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....
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Dandruff
09-27 10:34 AM
FWIW: Got EAD Card Production ordered for both of us. 9/26
ND : 8/15
RD : 7/18
ND : 8/15
RD : 7/18
more...
cagedcactus
05-02 03:39 PM
Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
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tnite
07-26 10:02 AM
Hi
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
Applying for EAD doesnt change your status from H1B to AOS. Using the EAD to get a job will change your status.
If you continue working on H1B , even if your I140 gets rejected you're still on h1B.
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
Applying for EAD doesnt change your status from H1B to AOS. Using the EAD to get a job will change your status.
If you continue working on H1B , even if your I140 gets rejected you're still on h1B.
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
more...
WeShallOvercome
07-30 02:00 PM
Many of us are in this situation.
Can someone throw some light on previous experience s,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
In all the cases that I've seen so far, only lawyer has received it..
Can someone throw some light on previous experience s,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
In all the cases that I've seen so far, only lawyer has received it..
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thomachan72
09-07 09:46 AM
Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.
I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.
more...
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Munna Bhai
11-15 04:03 PM
Hi ,
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.
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mnq1979
09-21 07:38 AM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
more...
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amitjoey
07-06 01:03 AM
Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
--sri
If somebody wants to create a seperate message, release it, I can dig it.
I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.
Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).
--sri
If somebody wants to create a seperate message, release it, I can dig it.
I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.
Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).
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nousername
03-30 08:08 PM
Congratulations.. Enjoy your freedom.
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
more...
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plassey
07-28 11:35 AM
One more expert...:D
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
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Bytes4Lunch
03-07 10:12 AM
"dingudi" , Throughout every immigration forums, everyone mentions the use of AP in such cases.
I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.
I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.
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hsm2007
09-20 08:36 PM
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
pappu
08-21 10:21 AM
Its a window of opportunity for us.
lets all email the following expressing support and hoping for some relief measues for highly educated skilled immigrants.:
===
Wite email addresed to:
Harold McGraw III
Chairman, Business Roundtable
Chairman, President & CEO, The McGraw-Hill Companies
info@businessroundtable.org
and co-address to any 1 of the following:
Edward B. Rust, Jr.
Co-Chairman, Business Roundtable
Chairman & CEO, State Farm Insurance Companies
Kenneth I. Chenault
Co-Chairman, Business Roundtable
Chairman & CEO, American Express Company
John J. Castellani
President, Business Roundtable
Larry D. Burton
Executive Director, Business Roundtable
Johanna I. Schneider
Executive Director, External Relations
====
then also email to the magazine that published this article expressing support for such initiative and hoping for something to be done this year before elections. send the letter to the editor so that editor can print in next issue right when this issue is debated on the floor (hopefully). This magazine is read by scientists and it will generate awareness in the community for our cause. Today the nation seems more inclined towards border security and enforcement rather than immigration reform bill. However increasing America's competitiveness in science and technology will have several supporters across party lines.
science_editors@aaas.org (general editorial queries)
science_letters@aaas.org (queries about letters to the editor)
send to both email ids
---
Members with good with writing skills please post your letter drafts on this thread so that others can also use your letter and can send it.
===
lets all email the following expressing support and hoping for some relief measues for highly educated skilled immigrants.:
===
Wite email addresed to:
Harold McGraw III
Chairman, Business Roundtable
Chairman, President & CEO, The McGraw-Hill Companies
info@businessroundtable.org
and co-address to any 1 of the following:
Edward B. Rust, Jr.
Co-Chairman, Business Roundtable
Chairman & CEO, State Farm Insurance Companies
Kenneth I. Chenault
Co-Chairman, Business Roundtable
Chairman & CEO, American Express Company
John J. Castellani
President, Business Roundtable
Larry D. Burton
Executive Director, Business Roundtable
Johanna I. Schneider
Executive Director, External Relations
====
then also email to the magazine that published this article expressing support for such initiative and hoping for something to be done this year before elections. send the letter to the editor so that editor can print in next issue right when this issue is debated on the floor (hopefully). This magazine is read by scientists and it will generate awareness in the community for our cause. Today the nation seems more inclined towards border security and enforcement rather than immigration reform bill. However increasing America's competitiveness in science and technology will have several supporters across party lines.
science_editors@aaas.org (general editorial queries)
science_letters@aaas.org (queries about letters to the editor)
send to both email ids
---
Members with good with writing skills please post your letter drafts on this thread so that others can also use your letter and can send it.
===
Steven-T
February 4th, 2004, 02:37 PM
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Craig
The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.
According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).
BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.
Steven
SB26 -> unsure so far (anyone know)
Craig
The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.
According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).
BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.
Steven
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