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  • micofrost
    07-12 01:34 AM
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"





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  • conundrum
    03-12 11:53 AM
    Congrats!!





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  • chanduv23
    08-03 11:48 PM
    Please navigate to the following threads and do the action items

    http://immigrationvoice.org/forum/showthread.php?t=11694&page=2

    http://immigrationvoice.org/forum/showthread.php?t=11962





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  • DSLStart
    10-24 01:56 PM
    My ex roomie came on a B1 visa on one way ticket, that too first time US visit. POE officer did ask him about it and he told employer was going to buy return ticket as dates weren't confirmed. They did made sure that he had a credit card. Don't know if same would apply for B2...

    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.



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  • mhtanim
    11-24 12:13 PM
    I will need to extend my H-1B next year. So far I have found 3 immigration lawyers who are not that expensive and seem to be responsive to queries (email or phone). Comments from anyone who has experience with any of these 3 attorneys will be appreciated:

    1. Prashanthi Reddy - http://www.reddyesq.com/
    2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
    3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/





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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

    HTH



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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?





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  • sobers
    02-09 04:10 PM
    While we all know loony loo tends to primarily go after illegals, we also are well aware of his anti-immigration stance and anti-H1B tirade.

    Southern Poverty Law Center, a respected civil rights group from the MLK era, operates an "Immigration Watch".

    This is what they said about him:

    Broken Record
    Lou Dobbs' daily 'Broken Borders' CNN segment has focused on immigration for years. But there's one issue Dobbs just won't take on.


    Lou Dobbs is a genial sort, a pleasant-faced CNN anchorman who regularly presents himself as standing up for American working men and women against those who would injure them. Hosting "Lou Dobbs Tonight" for a prime-time hour every weekday, he is also well known and powerful. So when Dobbs focuses on an issue, millions of Americans learn just what it is that Dobbs thinks they should know.
    For more than two years now, Dobbs has served up a populist approach to immigration on nightly segments of his newscast entitled "Broken Borders." He has relentlessly covered the issue, although hardly from a traditional news perspective -- Dobbs favors clamping down on illegal immigration, and his "reporting" never fails to make that clear. He has covered the same issues, and the same anti-immigration leaders, time after time after time. In recent months, Dobbs has run countless upbeat reports on the "citizen border patrols" that have sprung up around the country since last April's Minuteman Project, a paramilitary effort to seal the Arizona border.

    But there's one thing Lou Dobbs won't do. No matter what others report about the movement, Dobbs has failed to present mounting and persistent evidence of anti-Hispanic racism in anti-immigration groups and citizen border patrols.

    It's not that Dobbs hasn't allowed a pro-immigration activist or two to complain about efforts like the Minuteman Project ("vigilantes," according to President Bush), or even that he has made racist statements on his show. What the anchorman has done is repeatedly decline to present the evidence that links these groups to racism, calling the very idea "mind-boggling." On his July 29 show, he called the ACLU and the Southern Poverty Law Center, which he said he liked in other ways, "despicable" and "reprehensible" for saying otherwise.

    Consider some of what Dobbs has failed to report, despite the fact that in almost every case these developments were reported widely elsewhere:


    GLENN SPENCER, head of the anti-immigration American Patrol, has been interviewed at least twice on the show, on Jan. 7 and June 4, 2004. Spencer's Web site is jammed with anti-Mexican vitriol and he pushes the idea that the Mexican government is involved in a secret plot to take over the Southwest -- facts never mentioned on Dobbs' show. Spencer's group is regarded as a hate group by both the Southern Poverty Law Center and the Anti-Defamation League. Spencer has spoken at least twice to the white supremacist Council of Conservative Citizens, which has described blacks as "a retrograde species of humanity," and once to American Renaissance, a group that contends that blacks are genetically inferior to whites. Dobbs has never reported those ties, or mentioned Spencer's more wild-eyed contentions, such as his prediction that "thousands will die" in a supposedly forthcoming Mexican invasion. His CNN colleague Wolf Blitzer, on the hand, featured Spencer on his own show but reported Mexico's official response and SPLC's hate group designation.

    In late 2004, it was revealed that the new head of a national advisory board to Protect Arizona Now, an anti-immigration organization, was a long-time white supremacist who was also an editorial adviser to the racist Council of Conservative Citizens. Although VIRGINIA ABERNETHY's controversial selection was reported prominently in virtually every Arizona paper -- and despite the fact that Dobbs heavily covered the anti-immigration referendum that Protect Arizona Now was advocating -- Dobbs never mentioned the affair at all.

    A man named JOE MCCUTCHEN was quoted last April as part of a feature on the Minuteman Project, described by Dobbs as "a terrific group of concerned, caring Americans." No mention was made of the fact that McCutchen, who heads up an anti-immigration group called Protect Arkansas Now, had written a whole series of anti-Semitic letters to the editor and given a speech to the Council of Conservative Citizens -- facts revealed the prior January by SPLC, causing Arkansas' Republican governor to denounce McCutchen's group.

    This August, BILL PARMLEY, a Minuteman leader in Goliad County, Texas, quit the group because of what he described as widespread racism. Similarly, in September, newspapers reported that another Texas Minuteman, Janet Ahrens, had resigned because members "wanted to shoot the taco meat." Dobbs never mentioned either of these people, who were featured prominently elsewhere.

    On Oct. 4, Dobbs had PAUL STREITZ, a co-founder of Connecticut Citizens for Immigration Control, as a guest on his show. Streitz denounced Mayor John DeStefano Jr. for "turning New Haven into a banana republic" by favoring identification cards for undocumented workers. Two days later, newspapers revealed that two of the group's other founders had just quit, saying Streitz had led it in a racially charged direction. Dobbs has never reported this.

    BARBARA COE, leader of the California Coalition for Immigration Reform, was quoted on a show last March bitterly attacking Home Depot for "betray[ing] Americans," apparently because Hispanic day laborers often gather in front of the store looking for work. Not mentioned were her group, listed by the SPLC as a hate group, or the fact that she routinely refers to Mexicans as "savages." Coe recently described herself as a member of the Council of Conservative Citizens, a "white pride" group formed from the remnants of the segregationist White Citizens Councils of the 1950s and 1960s that were once described by Thurgood Marshal as "the uptown Klan." She also told The Denver Post in November that she had given a speech to the group.

    CHRIS SIMCOX, co-founder of the Minuteman Project and a top national anti-immigration leader, was arrested in 2003 by federal park rangers for carrying a weapon illegally while tracking border-crossers on federal parkland. While Simcox has been repeatedly interviewed on his show, Dobbs has failed to mention that arrest or bigoted anti-Hispanic comments Simcox made to the Intelligence Report several years ago.
    Although Dobbs has steered clear of the racist comments that some of his guests have made elsewhere, he has warned of "illegal aliens who not only threaten our economy and security, but also our health and well-being," according to Fairness & Accuracy in Reporting (FAIR), a media monitor. In 2003, FAIR added, a reporter on Dobbs' show grossly mischaracterized a National Academy of Sciences report. The report found that immigrants provided a net gain of $1 billion to $10 billion to the U.S. gross domestic product, but the CNN reporter said the report had found the economic impact of immigrants worked out to a net loss of up to $10 billion.

    Dobbs is revered in anti-immigration quarters and on the far right generally. He is the winner of the 2004 Eugene Katz Award for Excellence in the Coverage of Immigration, given by the Center for Immigration Studies (CIS). CIS claims to be a "nonpartisan research institute," but in fact is a thinly disguised anti-immigration organization. The 2005 Katz Award went to the immigration beat reporter for The Washington Times, a hard-right newspaper based in Washington, D.C.

    In general, Lou Dobbs has declined to report salient negative facts about anti-immigration leaders he approves of, or simply avoided mentioning certain of their views -- notably the conspiracy theories propounded by people like Spencer.

    Still, Dobbs is hardly immune to the lure of the weird. Last September, he offered up Idaho meteorologist Scott Stevens as a guest on his show. Stevens had just left an Idaho television news program immediately after telling viewers of a bizarre theory that Hurricane Katrina was caused by unknown evildoers. "Terrorists were engaging in a type of eco-terrorism where they could alter the climate, set off earthquakes and volcanoes," he told Dobbs. Stevens said they were using "scalar waves," invented by the Japanese, to attack America with Category 5 storms.

    "Intriguing assertion," Dobbs concluded at the end of the interview. Much the same might be said, and in the same spirit, about the news "reporting" that Dobbs presents as he doggedly explores and supports the anti-immigration movement.

    http://www.splcenter.org/intel/intelreport/article.jsp?aid=589



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  • Anders �stberg
    June 18th, 2005, 09:44 AM
    Very nice, great light! The first one is my favourite. I think I'd try sacrificing the top dark clouds for the composition, to me there is a bit too much space over the bird.





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  • gcbeku
    08-10 01:13 PM
    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    b) can AC21 approach be used to port this to a EB2 category ?
    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).

    Thanks.



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  • GCWarrior
    04-16 02:25 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior





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  • cleopatra
    02-17 10:41 AM
    You are right. We need to get this to everyone who is waiting for GC.

    But Instead of focussing on getting this to everyone, can you focus on getting just two people to participate in this event?

    Even if only a few of us do this, this will spread like wildfire by itself. We can make this event a grand success and get what we want.

    Spread the word. Participate.



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  • dpp
    10-27 12:16 PM
    See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.

    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.





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  • davidk
    02-16 08:39 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David



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  • rjgleason
    June 4th, 2004, 08:43 PM
    Who remembers "The Prisoner"?

    "Knowledge is not Wisdom!"





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  • number30
    04-29 06:08 PM
    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi


    Once she is on F1 here you can get married.



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  • arunmohan
    11-15 12:20 AM
    My designation with current job is software engineer and i am getting an offer with designation DBA.does it fall in same or similar catagory.I am switching job using AC21 rule . gurus help





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  • calaway42
    10-21 12:17 AM
    my question is.. how do you guys start on ur piece?.. i mean do you outline with pencil tool first .. or what?





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  • vgayalu
    01-24 11:42 AM
    Dinosys,
    Please do not ask to stop working on I 485 filing.
    We have a chance to understand that you are mean and selfish.
    Please stop your arguments and creating new threads on this issue.
    Try to understand the frustation of the guys who complted I 140 and waiting to file I485.

    Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.


    Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]





    bsbawa10
    04-11 08:58 AM
    I have couple of questions



    2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
    Please suggest.

    I think you can say 485 filed.





    vxb2004
    07-26 07:18 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    Processing of your EAD and AP is independent of your 140 status.