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Wednesday, June 8, 2011

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  • styrum
    10-26 10:05 PM
    I got this as a real paper letter. The signature is a picture, of course, not real.
    No surprise here. We are not even a part of immigration reform for him.:mad:
    So in this standard reply "about immigration reform" we are not even mentioned.

    EDWARD M. KENNEDY
    MASSACHUSETTS
    Uinited States
    WASHINGTON, DC 20510-2101
    October 9, 2007


    Dear Mr. :
    Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
    Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
    Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
    Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
    Again, thank you for writing to me about this important issue.
    Sincerely,

    Edward M. Kennedy





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  • justin150377
    06-22 01:35 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present





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  • Jeff Wheeler
    11-30 02:31 AM
    and no Jeff, it wasn't directed at you

    Phew! :lol:





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  • walking_dude
    01-30 11:38 AM
    Media coverage of the situation faced by Highly-skilled immigrants has been negligible or nil. As a result many of the lawmakers are unaware of the situation faced by us. IV has come forward to make a Press Release on our behalf to educate the media on the impact of the issue on our community.

    Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.

    I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.

    If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.

    Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.



    Dear Editor,

    I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.

    As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.

    http://www.prweb.com/releases/2008/1/prweb661904.htm

    I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org

    Sincerely,
    xxxx

    <<name>>
    <<address>>
    <<phone>>





    IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm

    IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30

    Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers



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  • solaris27
    01-08 12:10 PM
    no and current passport information





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  • Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.



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  • americandesi
    06-17 12:05 AM
    I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

    Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

    Please guide me on this.





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  • vin13
    09-30 12:50 PM
    I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC
    There were atleast 7-8 cases from NSC on this board who received RFE's.

    Can you please tell us what the RFE was about....Did you use AC21.

    Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.



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  • viper673
    06-07 11:03 AM
    I got an RFE letter yesterday asking me to provide 1040 and W-2's from 1999.

    I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.

    The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.

    I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?

    The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.

    I feel like the officer is trying to make it extremely hard for me to get my status adjusted....

    PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..





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  • gc28262
    07-18 03:47 PM
    On H1B it is illegal for employer to enforce bond:

    Please read employees rights in DOL page:

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.



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  • lazycis
    02-18 04:27 PM
    "The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."

    In this case baby would qualify for follow-to-join visa.

    I do agree with wandmaker that having child in the US is much much more preferable.





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  • gccovet
    09-04 09:39 AM
    Hi,
    I apologize in advance if this has been discussed before.

    My case:
    Currently working on H1 with Company CURR, on 8th year of H1,

    H1 validity Dec 2009.
    I-140 approved > 180 days,
    I-485 filed > 180 days
    Currently have 2 year validity EAD.

    Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)

    Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?

    I would appreciate any input on this matter. I need to take some decision very soon.

    Thank you all.

    Regards

    GCCovet



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  • kminkeller
    03-09 03:54 PM
    Thanks Radhagd:

    Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?

    Thanks.





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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.



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  • ajju
    03-01 11:55 AM
    USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.

    does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??





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  • gc_wow
    09-30 05:56 PM
    I got Rfe to send pictures for Advance Parole, it is funny because already I have mailed them pictures, i dont know why they send me Rfe for that. AILA and immigration lawyers are leeches, ask any immigration lawyer they hate us to the core, yet this USCIS workers and immigration Lawyers choose to ignore that they are dependent on immigrants for their daily bread.



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  • maalelsi
    02-22 09:46 PM
    I went to web site and it still shows Jan processing dates.
    How is it possible?





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  • yganreddy
    06-16 08:40 PM
    Hi Guys,
    My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.

    Thanks





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  • bbenhill
    09-18 05:26 PM
    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

    LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

    AOS can only be use after his I140 is approved.

    Thx





    MahaBharatGC
    10-13 01:39 PM
    Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.

    First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.

    Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.

    EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.

    Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....





    poorslumdog
    09-04 03:38 PM
    If at this rate the people are dying, In 1-2 years every one will be finished.
    Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???

    Man...you rock



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