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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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  • WillIBLucky
    06-21 12:08 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
    You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.

    It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.

    Good Luck!





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  • wandmaker
    10-30 12:19 PM
    I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day

    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.

    Thanks
    Govardhan





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  • waitin_toolong
    10-23 05:40 PM
    it looks like you have been distracted lately and not following USCIS updates.

    first Ap and EAD have nothing to do with each other and USCIS has stated that they are working hard to get EADs out as the law requires them too. Some people get their EADs a day or two before their receipts.

    The priority is issuing EAD and USCIS ha been working hard at it, so dont fret



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  • Jaime
    09-22 08:24 PM
    What if we all collect 3-5 stories each (like Ranga's) of people we know who have left or are planning to leave the U.S. as part of the Reverse Brain Drain, put them all in a book form, call this "The face of the self-inflicted U.S. Reverse Brain Drain" bind it and send copies of this book to al Congressmen, media, etc?





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  • dsneyog
    11-30 10:49 PM
    Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).

    Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.

    It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.



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  • jsb
    04-16 03:59 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.

    Best..





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  • ashres11
    04-28 05:12 PM
    Friend,

    I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.



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  • yetanotherguyinline
    03-23 04:10 PM
    http://forums.businessweek.com/bw-bschools/

    I remember reading a thread in getting into bschool section. I could not find that thread...


    Here are some related threads
    http://forums.businessweek.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=bw-bschools&tid=80037

    http://forums.businessweek.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=bw-bschools&tid=79931

    http://forums.businessweek.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=bw-bschools&tid=80055

    a related bw article
    http://www.businessweek.com/bschools/content/mar2009/bs20090319_113428.htm?chan=bschools_bschool+index+ page_top+stories





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  • sanjay
    04-04 11:37 AM
    For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.

    If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.



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  • needhelp!
    11-07 11:26 AM
    http://www.iitmaana-dc.org/images/Diwali_lamp.gif

    http://www.iitmaana-dc.org/images/Diwali_lamp.gifhttp://www.iitmaana-dc.org/images/Diwali_lamp.gif
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  • rajeshalex
    10-17 06:05 AM
    Dont do that. Get H1 stamped in india and then come to USA.
    If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.

    Rajesh



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  • sethurama
    06-05 12:59 AM
    my 485 was filed by my attorney today and I came to know that they forgot to include application for EAD. When can I file EAD?. If I file separately, will it take more time to get approval?.

    Also they messed up with my passport copies. 2 pages are missing. I don't know whether this will trigger RFE or denail.

    Any help is appreciated.

    Thanks





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  • Roger Binny
    09-14 10:38 PM
    Any attorney involvement is there during the porting request ?



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  • Rsamuga
    07-16 03:03 PM
    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!





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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?



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  • Lasantha
    08-10 11:50 AM
    Hi,

    Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.

    Thanks!

    Lasantha





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  • addsf345
    10-22 01:08 PM
    The dates are retrogressed:

    Nebraska Service Center Processing Time Report (10/19/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 04, 2007

    Nebraska Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 08, 2007


    Texas Service Center Processing Time Report (10/19/08)
    I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007

    Texas Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications June 23, 2007


    I can't help but notice that progress at TSC.

    They were processing July 16, 2007 2 - 3 months back.

    One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)

    Last month, they made progress till June 23, 2007.

    Since last month, they made a progress of one day - June 24, 2007.

    Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(





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  • satishbsk
    08-05 11:01 AM
    When was ur recent visa issued?
    If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.

    ____________________
    Contirbuted $280 so far





    saimrathi
    07-10 08:33 AM
    No checks cashed yet...

    PD Mar '05
    485 + 140 Concurrently sent on 6/30 recd at NSC on 7/2/07.





    susie
    10-31 01:47 AM
    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

    maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision



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