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  • yibornindia
    11-25 01:51 PM
    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(

    I am on EAD with an employer who doesn't understand or willing to work with any immigration issues. If my 485 will get denied in error, I will surely loose the Job, as leave without pay is also not an option for me. I wonder if I loose my job this way, will CIS consider this after an MTR or will again reject my 485 stating 'no job' as a reason?




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  • soda
    08-12 09:46 AM
    If I had my I-485 applications mailed on July 2nd and had it postmarked on July 2nd, but reached USCIS on July 3rd, according to USCIS, does that mean that my application was filed on July 2nd?

    I'm asking this question again. Can someone please respond?




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  • vpadman
    01-04 12:06 PM
    One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.


    Julsun,
    When your friend went for INFOPASS, did he get a single copy of the AP, or two copies of the AP ?

    I want to know if there is a difference between getting APs through mail or INFOPASS.

    Thanks,
    -Viju




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  • arihant
    03-13 12:26 PM
    Here is a link to the following article:

    http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews

    Looks like they have not come to the immigration issues yet.

    Senate panel votes to double size of border force
    By Michael Posner, CongressDaily


    The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.

    In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.


    In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.


    In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.


    The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.


    "We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.


    The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.


    Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.


    The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.


    In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.


    A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.


    Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.


    A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.


    An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.


    And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.



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  • gjoe
    10-03 05:37 PM
    Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
    If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.




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  • lskreddy
    04-30 03:01 PM
    Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.

    No wonder my 140 is stuck..Damn..



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  • Sakthisagar
    02-24 01:15 PM
    As Ron Gotcher (imminfo.com) predicted Jobs bill passed at Senate.

    Senate Votes 70-28 to Approve $15 Billion Jobs Bill

    Though modest in scope, the bill was hailed by Democrats as evidence that the parties could work together.

    Read Further.

    Senate Votes 70-28 to Approve $15 Billion Jobs Bill - NYTimes.com (http://www.nytimes.com/2010/02/25/us/politics/25jobs.html?partner=rss&emc=rss)




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  • vinabath
    07-20 01:14 PM
    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks

    To use AC21 ( to change employer) no need for EAD.

    You can do it on H-1.



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  • Blessing&Lifeisbeautiful
    08-01 10:48 PM
    Latest update from shusterman about bridge legislation for schedule A:

    Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at

    http://shusterman.com/toc-rn.html

    and "Allied Health Professionals" page at

    http://shusterman.com/toc-ahp.html

    Hope they will pass it this time....
    Questions:
    When will be the August recess?
    Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:

    bump




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  • zappy
    06-04 08:59 AM
    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."



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  • Milind123
    09-12 05:29 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska

    Way to go first post and a contribution.




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  • glus
    08-12 09:51 AM
    I'm asking this question again. Can someone please respond?

    Uscis will mark it received on the 3rd. Anyway, what's the difference?



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  • RNGC
    06-24 09:31 PM
    During our wait, I can say that we easily spend $10 - $20 k just for Immigration related issues....visa fees/lawyer fees/ etc...

    I did a simple math, If I had the green card , during the last 8 years I could have made $25,000 more annually...that is $200,000 for eight years! This money just went to our H1 B employers, who are becoming wealthier!




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  • Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).



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  • dtekkedil
    09-13 10:01 PM
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  • Tshelar
    06-24 12:55 PM
    Hasn't this been discussed already?

    It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.

    The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
    Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
    Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.



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  • aristotle
    07-21 03:33 AM
    I agree with you the perfect solution is to remove the country cap, but we dont live in a perfect world. What I am saying is that all 4 items "together" should be a minimum. I agree if the country cap is increased to 10% with everything else being the same, it makes NO difference.

    In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.

    are u kidding? raise country cap to 10%!!!!!!!!!

    only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.




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  • Humhongekamyab
    04-30 02:25 PM
    It is 2.25 pm and I still can't access the webcast. It was working fine 1h ago or so...

    Now why would they start the webcast for you at 2:25 when the scheduled hearing is at 2:30.




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  • MDix
    03-03 04:31 PM
    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.



    Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.


    Thank's
    MDix




    SkilledWorker4GC
    07-15 11:23 AM
    ^^^^^




    psaxena
    06-11 01:08 PM
    Leave aside the asset I am in debt of over 200K , If I leave the country looses may be 1-2K
    thats it.


    I just did the math.

    I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.

    Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??


    CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money



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