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  • beppenyc
    03-20 08:15 PM
    http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

    Q Okay. My question is, since 9/11, one of the key things that we need
    is immigration reform, including comprehensive immigration reform that is
    right now in front of Senator Specter's committee in the Judiciary. There are
    two principles I'm hoping that you would support: One, the good people, the
    engineers, the PhDs, the doctors, the nurses, the people in the system who
    have followed the rules, will go to the head of the line in any form of
    immigration reform. That's Title IVz of the bill.
    Secondly, the illegals who have not followed the rules -- I understand the
    debate, I appreciate your statements about immigration reform, but isn't it
    better that we know who they are, have them finger-printed and photographed,
    and allow some form of 245I to come back so --

    THE PRESIDENT: Tell people what that is. Tell people what 245I is.

    Q Okay -- 245I is a partial amnesty program that expired back in 2001,
    in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
    a small segment of the illegal population where they would pay the $1,000 fine
    and, for example, coming in illegally, then marrying an American citizen,
    could somehow legalize their status.

    THE PRESIDENT: Okay. Let me give you some broad principles on
    immigration reform as I see them. First of all, we do need to know who's
    coming into our country and whether they're coming in illegally, or not
    legally -- legally or not legally -- and whether they're coming in or going
    out. And part of reforms after September the 11th was a better system of
    finding out who's coming here.
    Secondly, we have a big border between Texas and Mexico that's really hard
    to enforce. We got to do everything we can to enforce the border,
    particularly in the south. I mean, it's the place where people are pouring
    across in order to find work. We have a situation in our own neighborhood
    where there are way -- disparities are huge, and there are jobs in America
    that people won't do. That's just a fact. I met an onion grower today at the
    airport when I arrived, and he said, you got to help me find people that will
    grow onions -- pluck them, or whatever you do with them, you know.
    (Laughter.) There are jobs that just simply aren't getting done because
    Americans won't do them. And yet, if you're making 50 cents an hour in
    Mexico, and you can make a lot more in America, and you got mouths to feed,
    you're going to come and try to find the work. It's a big border, of which --
    across which people are coming to provide a living for their families.
    Step one of any immigration policy is to enforce our border in practical
    ways. We are spending additional resources to be able to use different
    detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
    way, expand the number of agents on the border, to make sure we're getting
    them the tools necessary to stop people from coming across in the first place.
    Secondly, part of the issue we've had in the past is we've had -- for lack
    of a better word -- catch and release; the Border Patrol would find people
    sneaking in; they would then hold them for a period of time; they'd say, come
    back and check in with us 45 days later, and then they wouldn't check in 45
    days later. And they would disappear in society to do the work that some
    Americans will not do.
    And so we're changing catch and release. We're particularly focusing on
    those from Central America who are coming across Mexico's southern border,
    ending up in our own -- it's a long answer, but it's an important question:
    How do we protect our borders, and at the same time, be a humane society?
    Anyway, step one, focus on enforcing border; when we find people, send
    them home, so that the work of our Border Patrol is productive work.
    Secondly, it seems like to me that part of having a border security
    program is to say to people who are hiring people here illegally, we're going
    to hold you to account. The problem is our employers don't know whether
    they're hiring people illegally because there's a whole forgery industry
    around people being smuggled into the United States. There's a smuggling
    industry and a forgery industry. And it's hard to ask our employers, the
    onion guy out there, whether or not he's got -- whether or not the documents
    that he's being shown that look real are real.
    And so here's a better proposal than what we're doing today, which is to
    say, if you're going to come to do a job an American won't do, you ought to be
    given a foolproof card that says you can come for a limited period of time and
    do work in a job an American won't do. That's border security because it
    means that people will be willing to come in legally with a card to do work on
    a limited basis, and then go home. And so the agents won't be chasing people
    being smuggled in 18-wheelers or across the Arizona desert. They'll be able
    to focus on drugs and terrorists and guns.
    The fundamental question that he is referring to is, what do we do about -
    - there's two questions -- one, should we have amnesty? And the answer, in my
    judgment, is, no, we shouldn't have amnesty. In my judgment, granting
    amnesty, automatic citizenship -- that's what amnesty means -- would cause
    another 11 million people, or however many are here, to come in the hopes of
    becoming a United States citizen. We shouldn't have amnesty. We ought to
    have a program that says, you get in line like everybody else gets in line;
    and that if the Congress feels like there needs to be higher quotas on certain
    nationalities, raise the quotas. But don't let people get in front of the
    line for somebody who has been playing by the rules. (Applause.)
    And so, anyway, that's my ideas on good immigration policy. Obviously,
    there's going to be some questions we have to answer: What about the person
    who's been here since 1987 -- '86 was the last attempt at coming up with
    immigration reform -- been here for a long period of time. They've raised a
    family here. And my only advice for the Congress and for people in the debate
    is understand what made America. We're a land of immigrants. This guy is
    from Hungary, you know. (Applause.) And we got to treat people fairly.
    We've got to have a system of law that is respectful for people.
    I mean, the idea of having a program that causes people to get stuck in
    the back of 18-wheelers, to risk their lives to sneak into America to do work
    that some people won't do is just not American, in my judgment. And so I
    would hope the debate would be civil and uphold the honor of this country.
    And remember, we've been through these periods before, where the immigration
    debate can get harsh. And it should not be harsh. And I hope -- my call for
    people is to be rational about the debate and thoughtful about what words can
    mean during this debate.
    Final question, sir. You're paying me a lot of money and I got to go back
    to work. (Laughter.)



    PS I did not know about the story of I-245 on 9/11....




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  • bobsn
    04-02 03:52 PM
    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

    Thanks




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  • mrow
    07-07 10:21 PM
    My thoughts:

    My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.

    You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.




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  • hersheygaile
    09-10 12:13 AM
    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them



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  • ashkam
    10-16 01:27 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    Aug 15

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing ( receipt date)

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    She needs EAD approval and the physical card present with her

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    No idea.

    - Would I get the fingerprinting notice directly or would my employer receive it?

    You will receive it

    - What other formalities would be left after (assuming) 485/765 are approved?

    Wait for the green card

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).




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  • pune_guy
    06-05 07:43 PM
    Hi,

    Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).

    We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.

    So here's my question:

    1. Can I skip renewing her EAD and renew just mine?

    2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?

    I'd appreciate your thoughts on this matter.

    Thanks



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  • satyasaich
    06-23 02:17 PM
    In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.




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  • mbawa2574
    04-15 09:46 AM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?



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  • qtoask
    07-11 11:40 AM
    Yes, you are right partially.. only if we over do it.

    This is not over doing... This is just to keep up the momentum... dont want to loose it.


    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.




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  • kondur_007
    10-16 04:10 PM
    My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
    However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
    Thank you for your replies and interest.

    If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).

    However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.

    See my comments in following thread as well:

    http://immigrationvoice.org/forum/showthread.php?t=22051

    Hope this clarifies things.
    Good Luck.



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  • validIV
    03-24 12:44 PM
    Fill in your profile. Also it would help if you said how long you've been on H-1




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  • OLDMONK
    07-18 10:01 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.

    Dont want to futher your suffering but you are hosed. I have a consultant working in our office with a similar situation and he is planning Canada.

    I dont think this board has a solution for you. But a real good immigration attorney may do something (and that does not necessarily mean Murthy Or Khanna). Remember you still have a chance until you are in US. Legal or whatever, just run and scan every out you got.

    From my common sense understanding the court won't do what you wish.



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  • Lollerskater
    09-25 12:45 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.




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  • krishnam70
    05-01 04:51 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.

    you need to wait for the denial letter and see what can be done.

    - cheers
    kris



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  • LostInGCProcess
    09-20 12:13 AM
    Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

    http://www.msnbc.msn.com/id/26792948/

    I like this plan...lumpsum amount and a ticket to your home country, and can get back after 3 years...wow! its a good plan. :D




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  • gauravsh
    05-04 10:07 AM
    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.



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  • DirCls
    07-12 10:16 PM
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    2. Medical tests are going to be valid indefinitely
    3. Ppl who've worked for X years automatically can apply for I-485
    5. All can apply as per the old bulletin
    6. ????

    cmon guys help me with this.i'm running out of ideas..:D

    just have a couple of beers..you will be ok..like me :)




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  • Googler
    02-20 08:15 PM
    Just food for thought. At this time there are 28600 EB1 visas. Most in the EB1 category are current or pretty close to it.

    As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.




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  • msandhu
    01-08 05:12 PM
    I have traveled twice on same AP since in last 9 months. Once to canada and the other time to India. The immigration office does not look at anything other than your AP and passport. The most they will ask is what do u do and who applied for your green card.
    You do not need to worry about anything and can travel freely.
    Cheers
    MSandhu




    kirupa
    08-18 11:48 PM
    If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!




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    07-06 10:57 AM
    I apologize for not searching it enough. Thanks -



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