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Although there are a few members in this forum (including me), who believe that EB retrogression will be handled through a separate bill dedicated to legal immigration or through a bill like PACE act, I trust the judgement of IV core team. I believe their actions are well-intentioned and are validated by the lobbyist group.

Let us unite in IV's efforts. It does not mean that we do not give ideas, since the ideas are needed by IV core team to analyze, evaluate and act upon.


Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.

To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.

From http://www.immigration-law.com/Canada.html

List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow

The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL

The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.

I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

Did anyone hear anything similar?

Thanks and have a great weekend!


OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.

Please respond to my question/options...this is very urgent and important given that PD is moving very fast....

Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.

so, with 1000 ppl...20 per months. = 20K.

Lawyer? So, You don't believe what was posted on USIS website?

I find it wise to pay my lawyer to find the correct information for me.... be it from USCIS website or from her professional knowledge base. Believe it or not, I trust a qualified professional more than myself when it comes to a subject outside of my expertise...:D

You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

Ok. So whoever runs my payroll is my employer. Lets say its Company C.

Question is

Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?

Based on the answers i am assuming no but will wait to hear from you guys.

First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.

Guys:

I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

If anybody knows this answer, please attach link or direct to the USCIS page.

Thanks

The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)

PD was not current at that time. The person is annonymous and just wanted to create sensation. Do not post a fake post.

I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.

:-)

I found out from discussion about the USCIS Expedite service:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"

I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

Source:
http://www..com/discussion-forums/i485-1/52168049/


ENJOY!!!!

glos - that is fine :) Feel free to submit it then!

Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month

Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

Hope that helps.

Dear All,

I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

Please, please help me in this regards.

I would really appreciate if any one can help me out in this matter.

The intent is to keep the issue of immigration alive till the elections so that there is a chance for any Immigration bill after elections. There are several other pressing issues faced by the nation and Immigration is just one of them. It may not be #1 priority now. The lameduck is very important if something needs to be done on Immigration. The results of Nov elections will also influence what kind of Immigration reform is possible. There is also pressure on the President to act on such national issues. Read Obama Is in the Jaws of Political Death: Can He Survive? - Yahoo! News (http://news.yahoo.com/s/time/08599202471800)

Definitely lets all agree to meet with our local house reps.
You can find your local congressman/woman from http://house.gov by entering your zip code.
They are generally very close to your geographic area.
Please ask if you have any questions, doubts.

Your links are working ,despite how they show up in your post. Click on them and see for yourself!

Let's work for our cause, instead of worrying about what benefits others are getting due to political reasons.

Cubans are politically active and highly vocal in advocacy of their cause. Are you?

Surabhi,

Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed

Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21

I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

Is this normal? Is there something i need to worry about?

My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

My supervisor called back but went to voicemail and left a general message

I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused: