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  • jjjun
    12-12 12:39 PM
    Bad news again.





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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (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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  • payur
    06-27 08:15 AM
    You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.

    What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.

    How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.





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  • buddyinsd
    01-26 07:27 PM
    U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.

    U must be a gulti trying to defend ur region - God bless

    Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.

    FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !

    The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.

    It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.

    Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.



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  • gcseeker2002
    07-19 11:23 AM
    For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?

    For that matter, is it out of status if one gets paid from 2 companies with
    2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?





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  • Munna Bhai
    08-20 03:49 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    Is this Desi?? This is very very bad.



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  • stemcell
    01-10 11:04 AM
    Shamu

    Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.

    Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.

    Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.





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  • grifterX
    02-02 06:42 PM
    everyone did a great job, especially soul...you get my vote:beam:



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  • greatguy
    11-13 09:20 AM
    I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:

    At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.

    I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.

    I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.

    I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.

    There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.

    The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.





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  • wolfpok
    01-20 09:26 AM
    Our letters are in the mail. Updated the poll yesterday. Who is next? :)

    pok



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  • thomachan72
    04-14 03:24 PM
    I read through this proposed legislature and there is absolutely nothing to worry about.
    your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
    Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.





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  • brahmam
    06-23 04:48 PM
    Brahmam and Company -

    - Shalom

    and up yours :D

    be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers

    No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.



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  • gconmymind
    04-24 03:57 PM
    This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).

    You must have already done some of this - try to contact your local Congressman, Attorney, Employer and try to find more info. This is completely unacceptable. After the PIMS introduction, I am hearing a lot of horror stories. It never used to be so bad earlier.

    How can the consulate keep passports for so long? Basically, they are even barring you from taking any journey anywhere abroad. Why?

    National security and background checks are a must but with someone who has been in US for 5+ years (or for that matter even once) should already have been verified.

    I am assuming you do not have AP or do not want to use it...otherwise you can ask for your passports, abandon the visa application and enter US using AP. Talk to your attorney if you try this..





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  • nivasch
    04-02 11:07 AM
    Again sent the fax#10 and 11 to NJ Sen
    Nivas



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  • mariusp
    06-05 09:46 AM
    Please read this: http://immigration-information.com/forums/blog.php?b=9
    and look at the date when it was posted. Is it a coincidence that IV started a similar initiative two days later? could be... but he deserves some recognition. Ron is an immigration lawyer and not a 10k member organization such as IV so he does what he can, and in my opinion provides a good free of charge, service to the community, something that I don't see a lot of other people doing.

    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.





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  • wahwah
    06-05 10:28 AM
    you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.

    actually that is not what i understand...though we should wait for

    1. some lawyer to come up with clarifications.
    2. updates to the adjudicator field manual.

    i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.

    what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.

    but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.



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  • whattodo21
    04-22 11:10 AM
    There is no "Prince William County" in Maryland. List of counties in Maryland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_counties_in_Maryland)
    What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
    The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
    Partners (http://www.ice.gov/partners/287g/Section287_g.htm)

    Right, Pick up the issue with immigration policy organization, and get the clarification, whether the county is in MD, VA or they mistook George to Williams.

    PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.

    Because IV works in a manner that will get the intended results - they are for illegals? Legal or Illegal - they are part of Immigration - that is how it works.......

    You used to support IV through donations and time, but you stopped because IV was not working the way you wanted it to work.............However, you still check the forums, post in the forums .............. may be you are not all that disappointed with IV!!!!!!!!!!!!!!





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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.





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  • gclabor07
    02-07 01:20 PM
    Just wanted to let you know I posted my letter to WH and IV.





    qplearn
    12-12 02:03 PM
    I meant the bulletin released in Jan of 2007 which would be for the following month which would mean Feb of 07.

    nitpicking are we ?? :-))

    Ok, thanks. Thought that was typo.





    bigboy007
    11-02 10:22 PM
    Atleast for me there is no hope for CIR, Peicemeal seems a best option, recently there was a WSJ report that President had agreed for piecemeal if CIR doesnt pass... but we need to be very very watchful...

    after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...



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