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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.





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  • pani_6
    07-03 06:24 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..





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  • h1-b forever
    01-04 08:29 AM
    Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.

    What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?

    The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.

    Representative Lamar Smith

    Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:

    "The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.

    "In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.

    "Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.

    "Texans also should not have to compete with illegal immigrants for scarce jobs.

    "According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.

    "Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.

    We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."

    Rep. Smith supports:

    * State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
    * Mandatory E-Verify on Employers (H. Res. 1026)
    * End to Birthright U.S. Citizenship (H.R. 1868)

    He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.

    Where does Rep. Smith stand on legal immigration?

    He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.

    Representative Steve King

    The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.

    Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."

    What does Congressman King have to say about legal immigration?

    "Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."

    Conclusion

    So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?

    Not so fast.

    Members of Congress, whatever their ideology, must represent the interests of their constituents.

    You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.

    When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.

    And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.

    So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.

    Time will tell.

    From Carl Shusterman blogs





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  • Ramba
    03-24 09:21 PM
    Our demand should be reasonable.. The law makers knows what kind of people they want. One may have MBA or MA, and they may feel their degree is valuable to America. However it is up to the lawmakers to decide what they want.

    One guy was asking whether social science considered as science as it is having science. I am not undermining any degree or any branch. We have to appricate atleast they are excempting STEM from numarical count.

    As knnmbd said, the period of IT is over. Manufacturing has gone to China. IT has gone to India. What america need at this moment is innovation, research, new technology, alternate energy to overcome growing energy crisis, environmental care health care, nanotechnology, any advanced research to keep america in leading edge. Thats why lawmakers are talking about STEM.



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  • logiclife
    03-28 06:04 PM
    Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.

    Unlike IV, where we used to argue and reason with trolls and miscreants last year.

    People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.

    Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).

    A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.

    That is how the world works. You dont get the trash people on their own website.

    Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.





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  • little_willy
    05-02 09:41 PM
    Little_willy,
    How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
    Thanks

    Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.



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  • psaxena
    06-26 07:39 PM
    I dialled and I was in the conf call for 10 min , no one else joined in.

    I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.

    Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.

    Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.





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  • senram
    01-21 05:26 PM
    But it works little bit different. The green card process is not purely based on merrit. But college admission is based on merrit in USA. But green card
    process is done by the requirement and eligiblity. For example for an Engineer position the requirement is BE and 5 years of experience and they are
    selecting based on Experience. Similarly for QA or Analyst position the requirement is similar but they do not need Aptitude similar to Hardcore Engineer position. So in
    this case after labor is cleared everyone of them is needed for USA irespective of which country he belongs to. So because of Country quota USA or US companies were not all
    impacted. But because of overcrowding of Indians and Chinese are impacted. Best way to say is because of country some one is cutting the line in the queue. But skill wise
    every one who cleared labor are eqully important based on the requirements. So quality of persons selected were not impacted by country quota. But it is discriminatory. But
    this kind of discrimination is in most or all of the countries in the world. Can anyone fight reservation in India and win? Atleast here we have provision to fight by advocacy
    and lobbying whether winning or not. But in our own country we cannot do anything about discrimination.

    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!



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  • raysaikat
    05-27 05:53 PM
    My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.

    Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.

    I negotiated with hospital to pay 15000 and paid off hospital bill.

    I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.

    Does this 500 dollar collection notice will effect my mothers next visit?
    If I pay now does it matter anyway?
    Is there any chance of deportation?

    Please advice...

    Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...





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  • nixstor
    09-18 02:37 PM
    I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.



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  • amoschid
    07-18 03:36 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


    thanks in advance :D





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  • Leo07
    12-27 03:09 PM
    If you have your latest H1B approved, old Stamp is still valid. Just inform your attorney and take the papers that your attorney will pass on. Plus your employment letter+recent pay stubs, just the regular stuff.

    Good Luck with your mom's health!

    God Bless!

    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice



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  • chandrajp
    08-15 03:32 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?

    But again this is my personal thought.





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  • sku
    12-31 12:43 AM
    Bump



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  • dreamgc_real
    01-07 09:04 AM
    AUSTIN -- Illegal immigration isn't on the short list of issues Texas sheriffs gave this year's Legislature, but it could end up becoming a new priority for them.

    Texas has 254 sheriffs, and while opinions vary about whether illegal immigration should be their problem, some Republicans are pushing measures that won't give them a choice. More than a dozen bills targeting illegal immigration await the Legislature when it convenes Tuesday, when the GOP will enter with a historic conservative supermajority in the House.

    One bill would require police to ask drivers without identification if they're in the country legally. Another would cut off state funds to departments that don't enforce immigrations laws.

    "It's split among my colleagues on whether we should be out here just stopping individuals without probable cause, and questioning them on their immigration status," said Travis County Sheriff Greg Hamilton, who believes the proposals invite profiling.

    On Thursday, El Paso County Sheriff Richard Wiles planned to join immigrant advocacy groups at the Capitol, where they're expected to denounce bills targeting illegal immigrants as bad for the Texas economy and constitutionally unworkable.

    In Arizona, a new law passed last year requires police officers, when enforcing other laws, to question the immigration status of those they suspect are in the country illegally. The Obama administration filed a lawsuit to block portions of the law, and the outcome remains pending in federal court.

    Many Texas sheriffs along the border, long vocal about being understaffed and underfunded on the edge of Mexico's violent drug war, oppose the measures as another drain on their deputies. They and sheriffs in Houston and San Antonio also worry about profiling.

    Others don't see it as an imposition, and maybe a necessity. In Fort Bend County, which includes Houston's conservative suburbs, Sheriff Milton Wright said he would support laws requiring his deputies to enforce immigration laws if the federal government won't.

    "If they're not going to do it, then we need to," he said.

    Arizona's new law left Texas facing unavoidable questions. Texas has an estimated 1.6 million illegal immigrants, second only to California, and Republicans control every statewide office. Gov. Rick Perry has said he doesn't support Texas adopting a law identical to Arizona's, while at the same time praising that state's initiative for taking the illegal immigration problem into its own hands.

    Texas lawmakers have filed immigration bills before, only to see them wither. Deep ties Texas has to Mexico are as much cultural as economic, and leading business groups in the state oppose tough crackdown measures.

    But between then new GOP supermajority in the House and Arizona's success, outnumbered Texas Democrats aren't willing to make wagers on the chances of the bills prevailing this time.

    "You've got a bunch of new Republicans who campaigned with some very inflammatory rhetoric, and they now find themselves in charge," said Democratic Rep. Rafael Anchia. "I'm sure they're going to want to deliver some red meat for some of their constituencies."

    So important is the issue to state Rep. Debbie Riddle that she camped outside the clerk's window to ensure her get-tough immigration bills would be first in line. State Sen. Dan Patrick filed a bill that would require police to ask anyone without an ID whether they're in the country illegally, but the Houston-area talk radio host says his measure affords officer discretion. For instance, he said an officer could choose not to arrest a harmless minivan-driving mom who is revealed to be an illegal immigrant.

    Patrick, who visited Arizona to see its new law in action, said the possibility of legal challenges is no barrier.

    "Too many people want to duck and cover and bury their heads in the sand," Patrick said. "This is an issue we have to stand tall on. Republicans have to stand together."

    In most Texas counties, a suspect's legal status becomes an issue only if they're booked into jail. Their fingerprints are run through a Homeland Security database, and people who are flagged are referred to federal immigration agents.

    Harris County was the first place in the nation to try the federal program, called Secure Communities. But that's about the extent that Sheriff Adrian Garcia wants to be involved in immigration enforcement.

    Garcia said he doesn't want people afraid of calling police for help or coming forward with crime tips.

    "Legislation that would encourage people to have second thoughts about calling 911 or Crime Stoppers, I have a problem with that," he said.

    Several sheriffs said they would wait for the Sheriffs' Association of Texas to evaluate the proposals. Bryan County Sheriff Christopher Kirk, who chairs the association's legislative committee, said last month he had yet to look over the bills individually.

    The association gave its list of six priorities to lawmakers for this session. The list includes jail overcrowding, mentally ill suspects in local lockups, methamphetamines, thieves swiping salvage metals, and what Kirk described as "protecting the office of sheriff."

    Topping the list: border security. But Kirk said that's not about illegal immigration.

    "It's the trafficking. The borders. That smuggling could be drugs, or weapons," Kirk said.

    During the previous two legislative sessions, Patrick said "too much chaos" in the House doomed immigration proposals. This time, Patrick said, Republicans have the numbers - and a willingness to work with law enforcement.

    "You have to have their buy-in," Patrick said. "I want them to be enthusiastic about it."

    Sen. Luz Robles' bill could become national model | Deseret News (http://www.deseretnews.com/article/700098043/Sen-Luz-Robles-bill-could-become-national-model.html)





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  • cox
    November 21st, 2005, 05:28 PM
    I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)



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  • saurin
    02-10 08:02 AM
    Hi Ann,

    Yes I do have an EAD. Thanks for your reply.





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  • etiennelin
    04-02 03:49 PM
    Hello,

    My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

    On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

    When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

    Anyone with similar experience could give some advice?? Thanks very much!!!





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  • yestogc
    05-31 05:06 PM
    sorry.............

    Will Obama Follow his footsteps ?





    uslegals
    12-21 09:56 AM
    Any advice is appreciated.!

    thanks!





    mingan
    12-19 01:51 PM
    I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.

    the companies which i have worked for they no longer exists.



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