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  • maru
    09-12 04:51 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!





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  • ski_dude12
    02-22 07:21 PM
    Did you inform USCIS that you are changing jobs using EAD and invoking AC21?





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  • Coppertop
    10-13 11:54 AM
    5 days left! Someone needs to break the tie!





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  • girishvar
    08-15 12:14 PM
    Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.



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  • santb1975
    05-20 12:52 AM
    We can do it





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  • SNLive999
    06-09 05:43 PM
    Hello Gurus,

    Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.

    Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.

    Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.

    The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???

    Biometrics Processing Stamp
    ASC Site Code:______
    Biometrics QA Review By:_____ On ________
    Ten Prints QA Review by:_____ on ________

    I really do not know what to do. I request you all Gurus, please help me to handle this issue.

    Thank you.



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  • skv
    07-05 03:54 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.


    It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.

    I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)





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  • ultimo
    10-02 10:07 AM
    it wont be a uscis mistake . who knows , too much application they are carreid away



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  • masterji
    04-02 04:44 PM
    Are you sure that it needs to be done on stamp paper? I just notarized them from India on plain paper.

    I got exact query.

    All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.

    Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.





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  • thepaew
    02-09 01:41 PM
    Hello Pappu,

    I can write this. Please let me know the word count. When is the deadline?

    BR

    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference



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  • Sakthisagar
    12-01 02:44 PM
    Issues facing the 2010 lame-duck session of Congress - The Washington Post (http://www.washingtonpost.com/wp-srv/politics/lameduck/index.html)

    1. Tax cuts
    The most pressing issue in the lame-duck Congress sounds, at first glance, like a typo.

    The federal government spends more money than it takes in. The two parties both agree that this is bad. Here�s what they can�t agree on: How much less should the government take in, in the years to come?

    The debate is about income tax cuts, passed under President George W. Bush, which are due to expire Dec. 31. If that happens, a single person earning $46,000 a year might see his or her taxes jump $400, according to the nonprofit Tax Policy Center. A married couple earning a total of $440,000, on the other hand, might see an increase of $20,000.

    Most Democrats want to extend tax cuts covering up to the first $250,000 that a family earns in a year. Republican leaders want to keep all the tax cuts, including those on income above $250,000. In a recession, they say, it doesn�t make sense to cut anyone�s taxes.

    Congress and the president could agree to a temporary truce, extending all the tax cuts for a few years only. Or, as some Democrats have suggested recently, they could agree to keep tax cuts on incomes less than $1 million.


    2. The New START treaty
    The point of this U.S.-Russia treaty, signed but not yet ratified, is to continue the slow nuclear stand-down that has followed the Cold War. The two nations would agree to cut deployed long-range nuclear weapons by up to 30 percent and to allow each other to inspect the remaining stockpiles.

    The prevention of nuclear armageddon still enjoys wide support on Capitol Hill.

    But this treaty does not.

    New START must be ratified by two-thirds of the Senate. That was no problem for two past treaties: the first Strategic Arms Reduction Treaty, signed in 1992 by President George H.W. Bush, and the �Moscow Treaty,� signed in 2003 by President George W. Bush.

    But now, Sen. John Kyl (Ariz.), the chamber�s second-ranking Republican, has held up the treaty�s passage. Kyl has said he wants more guarantees that the government will properly maintain the nuclear weapons that remain. He also thinks that the lame-duck session is too short a time to consider the issue.

    The White House is now trying to work around Kyl to win over nine other Republican. If it can�t, there will be more Republicans � and perhaps more support for denying Obama a foreign policy win � in January.


    3. �Don�t ask, don�t tell�
    This 17-year-old rule, which bars gay men and lesbians from serving openly in the military, has been under attack all year. This fall, a federal judge ruled the ban unconstitutional and ordered it scrapped. A higher court reinstated the ban while it considers the matter on appeal.

    And on Tuesday, a Pentagon report concluded that ending the ban would pose a low risk to military readiness. Defense Secretary Robert M. Gates said that the repeal of the rule �should be done.�

    But �don�t ask, don�t tell� isn�t dead yet and could outlive the lame-duck session.

    Senate Majority Leader Harry M. Reid (D-Nev.) could bring it up for a vote on the floor this month. But the ascendant GOP is in no mood to cooperate. Sen. John McCain (R-Ariz.) says he�s still worried about the effect on morale, and other Republican leaders say the whole issue is a distraction from their top priority � job creation.


    4. The �Continuing resolution�
    A continuing resolution (known in Hill jargon as a �CR�) is a bill that�s introduced when Congress can�t agree on a full budget for the federal government.

    Instead, it passes a bill to temporarily �continue� funding federal agencies at their present rates.

    Congress must pass a new continuing resolution before Friday. If it doesn�t, the government will shut down � as it did in 1995 during a budget showdown between President Bill Clinton and congressional Republicans.

    The sticking point is Republican demands to shrink federal spending back to 2008 levels. But a shutdown still seems unlikely; while a lot of voters want smaller government, very few seem to want no government.

    Signs from the Hill indicate legislators will beat Friday�s deadline and pass a resolution good for another few weeks, at least.


    5. Unemployment benefits
    Another looming deadline. On Tuesday, emergency unemployment insurance � he federal checks given to the jobless � expired. If nothing is done to extend the benefits, advocates say as many as 3 million people will see their checks cut off by the end of January.

    Some Republicans have voiced concerns about the high cost of these benefits. In the middle of last month, the House failed to approve a plan to extend them, with all but 11 Democrats voting for it and all but 21 Republicans voting against it.


    6. Childhood nutrition
    On Wednesday, House Democratic leaders plan to call a vote that could be a measure of the muscle they�ve got left. At issue: a bill that would feed schoolchildren better food.

    If they can�t win on that, it could be a long month.

    The bill is intended to give more poor children access to subsidized meals at school. It also would improve the quality of those meals and give more federal money to school districts that comply with higher nutrition standards.

    �Kids that have food insecurity learn at a slower rate than their peers,� House Speaker Nancy Pelosi (D-Calif.) told reporters Tuesday. �Food insecurity� is Washington-speak for �hunger.�

    The bill passed the Senate unanimously. But it will face some Republican opposition in the House from members who say it will impose more costs on struggling school systems.


    7. The DREAM Act
    This bill is aimed at illegal immigrants who came to this country as children. If they go to college or join the military as adults, it would give them a chance to obtain legal residency.

    As attitudes toward illegal immigrants have hardened, support for the bill has collapsed among Republicans and many Democrats. To them, it looks like a kind of amnesty for lawbreakers.

    On Tuesday, Reid could promise only a �test vote� on the issue: he would bring the issue to the Senate floor, and take his chances. The implicit message was that Reid might lose � but lose in a way that showed Hispanic voters he was trying.





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  • krishna_brc
    05-21 02:32 PM
    Immigrating to Canada: Skilled workers and professionals (http://www.cic.gc.ca/english/immigrate/skilled/index.asp)

    Thank You



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  • eilsoe
    10-02 02:42 PM
    haha, flex, i think pom is talking about my game (project)... :P

    Now where's that wallpaper section...?





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  • jlt007us
    09-14 02:42 PM
    jlt007us,

    Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.


    Soni-

    Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.



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  • sobers
    06-16 10:03 PM
    The only reason why the House hasn't given in on CIRA is because of the incessant pressure of restrictionists such as NUmbersUSA activists. Look at how active they are. Granted one has to be a Citizen to vote, but the first amendment gives us ALL the right to free speech and express ourselves. That is why IV is legal, and that is why the least we can do is a webfax campaign regarding Skilled Immigration (SKIL bill) AND show up at local meetings with Congressman.

    Believe me, if we don't speak up, no one is going to do it for us. People like me with 02 priority dates are going to wait atleast two more years, folks who filed in 05 may get to wait 5+ years for their GC. This is the way things look currently.

    The Illegals like the Chamber of Commerce, the big lobby Ag, Hotel/Travel, Construction, Meat-Packing, Industries, the Catholic Church and big ethic lobbies like MALDEF, La Raza, besides millions of hispanic votes.

    The other side also has the power of millions of votes and a LOUD VOICE.

    We have nothing compared to them. You can see we are small fish...that is why we need to do all we can to make ourselves heard.

    =========
    From: Roy Beck <ImmigrationInfo@numbersusa.com> Add to Address Book
    Date: 2006/06/09 Fri PM 02:15:30 EDT
    Subject: Time to turn up the heat on Congress

    .t1generaltext { font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 12px; color: #000000; padding-top: 3px; padding-right: 5px; padding-bottom: 3px; padding-left: 5px; margin: 0px; } >
    From: Roy Beck, President, NumbersUSA
    Date: Friday 9JUN06 9:30 a.m. EDT


    Please take some actions today .... and prepare for many more actions next week

    DEAR SUPPORTERS OF LOWER OVERALL IMMIGRATION,

    Thanks to all of you who -- in the two weeks since the Senate voted for a massive immigration increase and amnesty -- have been regularly checking your Action Buffet for new actions and who have been responding to the several Fax Alerts that we have sent you.

    Now, it is time to really start turning up the heat again.

    I'm asking each one of you to do at least one of the following TODAY.

    Members of Congress are feeling great pressure from our side, but we must really escalate that pressure if we are to totally block all the immigration increases in the Senate bill. Thus far, the Republican majority in the House of Representatives has stood firm against the national Republican Party leaders and President Bush. We have a lot of hope that the House can hold the line against the amnesty/open borders plan of President Bush, the Republican National Committee and nearly all Senate Democrats. BUT IT WILL HAPPEN ONLY IF ALL OF YOU DO WHAT YOU DID IN APRIL AND MAY.

    There are a lot more of YOU than there used to be.

    Last Saturday, our Activist Membership crossed the 200,000 mark! That means we have almost 100,000 more of you working together in this cause than we had last December when we pressured for toughening amendments to the House-passed H.R. 4437.

    Action No. 1: Send all the faxes that have accumulated on your Action Buffet corkboard.

    We can tell from the number of faxes that have been ordered over the last two weeks that many of you have taken a much-deserved break from activism and not been sending the new faxes we have posted on your customized corkboard.

    Please go now to:

    www.NumbersUSA.com/actionbuffet

    Action No. 2: Tell us when and where your Senators and Representative are holding town hall meetings

    You should see a thumb-tacked note on your corkboard asking for this information. When you click on the note, you will go to a page that will give you good instructions for how to track down this information.

    There is no central place to find out when and where Members of Congress expose themselves to the voters. In fact, they try to keep it as secret as possible because they don't really want to have to hear directly from you.

    That is why the town hall meeting part of our Action Buffet is so very important.

    NumbersUSA doesn't have the staff to dig out potential meetings of all 535 Members of Congress. We MUST rely on you to send us that info on your own Members so we can share with everybody else from your state and District.

    Click on corkboard note to send us town hall meeting information

    Action No. 3: Attend any meeting or event where your Senators or Representative are expected to appear

    Nothing you do will be as powerful as attending in person one of the events where your Members of Congress appears, and then asking a question or making a statement about immigration -- or even holding up a sign giving your view on immigration -- or applauding another voter who expresses your opinion on immigration.

    You all have become great faxers and phoners. But we must have many, many more of you personally confronting the Members of Congress -- especially the ones who have Immigration Grades ranging from F-minus to B.

    See your Members' immigration grades at:

    www.CongressGrades.org

    If you see a thumb-tacked note on your corkboard that announces a meeting of one of your Members of Congress, PLEASE LOOK AT IT -- and make plans to attend.

    Get some friends to go with you to ensure that you will have a cheering section.

    And be sure to use the feedback devices on our page that allow you to easily let us know you are planning to attend and to give us a report when you return.

    Action No. 4: Call some friends or let us know that you plan to visit the local office of your Representative or one of your Senators next week

    These Members of Congress must have voters in their local offices putting the pressure on their staffs to block the Senate amnesty and immigration increases.

    If you are interested in doing this but don't want to go alone, send us an email through our Help Desk form and we will put you in touch with other people in your area who are trying to make a trip.

    PLEASE NOTE: We have a new way of your communicating to us in which you cannot just hit REPLY to our Alerts anymore.

    We are not trying to make things difficult for you. But with 200,000 members, our staff simply has not been able to keep up with your emails. We have hired two interns for the summer to help Jon and Jeremy. But we also must create a better system of categories if we are to provide the level of service we once did.

    So, you should always communicate with us by:

    (a) clicking on the CONTACT US link in the navigation bar at the top of our web pages. That takes you to the HELP FORM link.

    (b) or putting this address in your directory and regularly using it:

    www.numbersusa.com/helpform

    On the Help Form page, you choose the category in which you are writing and send us an email that way.

    Thousands of people have already started using this form in the last month, and it is accelerating our ability to respond.

    ======================================

    Thanks for jumping into this TODAY before you move into your weekend family and recreation activities.

    Then, please, plan to do something Monday and during the rest of the week.

    We will be sending you additional guidance on how best to stop the amnesty -- or at least keep it from passing this month. The longer we can delay this, the better our chances are of winning.

    Thank you,

    -- ROY





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  • calgirl
    05-25 07:50 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • jambapamba
    08-08 09:35 AM
    See the question on i485:-
    been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
    traffic violations?

    Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.





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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



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

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

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

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

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





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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





    jvordar
    04-07 05:48 PM
    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..





    nvmurali
    06-02 04:39 PM
    You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

    Hope it helps.


    _________________
    Not a legal advice.

    Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)



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