tikka
07-02 04:20 PM
Money Spent On 485
--------------------------------------------------------------------------------
1) usd 325 PER PERSON FOR 4 FAMILY MEMBERS - 1300
2) US D 180 + 170 FOR 3 FOR EAD ---- 1050
3) USD 400 PER PERSON FOR MEIDCAL AND SHOTS - 1600
4) FEDEX AND OTHER CHARGES - 150
5) CANCELLED TRIP TO INDIA ON JULY 4TH - USD 1200 ( CANCELLATION FEE )
6) TOOK LEASE TO PREPARE - 2 DAYS - USD 1600
TOTAL EXPENSE --- USD 6900
MENTAL AGONY DUE TO THIS - INVALUABLE
(THIS WILL BE THE CASE FO RALL FAMILIES WITH 4 MEMBERS)
was posted on the other thread...
--------------------------------------------------------------------------------
1) usd 325 PER PERSON FOR 4 FAMILY MEMBERS - 1300
2) US D 180 + 170 FOR 3 FOR EAD ---- 1050
3) USD 400 PER PERSON FOR MEIDCAL AND SHOTS - 1600
4) FEDEX AND OTHER CHARGES - 150
5) CANCELLED TRIP TO INDIA ON JULY 4TH - USD 1200 ( CANCELLATION FEE )
6) TOOK LEASE TO PREPARE - 2 DAYS - USD 1600
TOTAL EXPENSE --- USD 6900
MENTAL AGONY DUE TO THIS - INVALUABLE
(THIS WILL BE THE CASE FO RALL FAMILIES WITH 4 MEMBERS)
was posted on the other thread...
wallpaper Enchanted (Walt Disney)
realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
ars01
07-10 10:22 AM
I think we should dedicate one day on leaving messages at his show. Lets make it a saturday/sunday. All the members can leave messages, asking him to be fair.
I know a lot of ppl will come back saying its of no use blah blah............
whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.
I know a lot of ppl will come back saying its of no use blah blah............
whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.
2011 101 Amazing Walt Disney HQ
vishwak
01-13 03:38 PM
Eb3Retro,
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
more...
hiralal
05-05 10:16 PM
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
24fps
02-27 05:19 PM
Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.
I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.
As for you, think before you type!
With your history of getting rammed here i would avoid saying that if i was you,
I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.
I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.
As for you, think before you type!
With your history of getting rammed here i would avoid saying that if i was you,
I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.
more...
beppenyc
03-16 03:53 PM
I did read it, and I really hope that something happen this year. The OC magazine is very focused on Immigration, like the AZ Central.
2010 Walt Disney World Wallpaper
vishwak
01-12 11:14 AM
Transit Visa need to Travel Via-Germany if you don't have valid Visa or Travelling on AP.
Please who are travelling Via---> Germany should hold Transit visa, if they don't have Valid US Visa or using AP.
I believe this rule came recently, please see below link of German Consulate Website for more information.
German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
This applies to people who are going to India to get Visa at Consulate in India too.
If any one is Travelling Visa- Germany (Frankfurt/Munich etc) please take necessary steps.
And this is new and most of the passengers/Airport people might not be aware, better be safe than sorry later.
Please who are travelling Via---> Germany should hold Transit visa, if they don't have Valid US Visa or using AP.
I believe this rule came recently, please see below link of German Consulate Website for more information.
German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
This applies to people who are going to India to get Visa at Consulate in India too.
If any one is Travelling Visa- Germany (Frankfurt/Munich etc) please take necessary steps.
And this is new and most of the passengers/Airport people might not be aware, better be safe than sorry later.
more...
abhisec
08-06 02:29 PM
I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
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meridiani.planum
03-26 09:40 PM
I have my TX license till 06-2013. With the new rules, I heard that DMV's in Dallas are issuing vertical cards which has an expiration date of EAD/H1b expiry date. I recently moved to a new apartment. When i try to change the address online it is asking me to go the nearest DMV. I dont want to loose my current license which has expiry till 2013. Is it OK if i dont change my new address on my drivers license or is there a way to get my new card with the old expiration date. my current EAD expires on 10/2009.
just mail in the change of address (Snailmail)
just mail in the change of address (Snailmail)
more...
imconfused
07-13 03:13 PM
what does that mean?
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priderock
06-27 04:38 PM
I am very surprised about the requests for cheap photos !!! What a pity.
We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.
Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.
I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.
Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.
Just my 2 cents though. May be I am extra cautious because I got burned once :)
We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.
Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.
I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.
Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.
Just my 2 cents though. May be I am extra cautious because I got burned once :)
more...
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Michael chertoff
10-27 10:26 AM
We also need people like You MC, to solve issues. are you not concerned about India? Please also let me know, How are you going to organise things as a great leader.
Mr.MC, no you are wrong.! at present only Jonia ganty and raul can solve this problem because they snatched the power by fooling India with EVM.
Whatever you say man. i am with you. your are a genius.
MC
Mr.MC, no you are wrong.! at present only Jonia ganty and raul can solve this problem because they snatched the power by fooling India with EVM.
Whatever you say man. i am with you. your are a genius.
MC
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logiclife
12-28 12:44 PM
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
more...
pictures Little Disney Prince.
shana04
11-04 04:00 PM
coming soon..rated r, for scary images....will make everyone cry!!
Playing on a computer screen near you!!!.....
'v-i-s-a b-u-l-l-e-t-i-n...december 2009"
*disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for eb-xi/c, eb-3 row.country of birth restrictions apply.
good one!
Playing on a computer screen near you!!!.....
'v-i-s-a b-u-l-l-e-t-i-n...december 2009"
*disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for eb-xi/c, eb-3 row.country of birth restrictions apply.
good one!
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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.
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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alex99
07-13 03:09 PM
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
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gmpa
12-20 01:00 PM
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
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gianik
05-26 11:35 AM
Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
pappu
04-03 09:03 AM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
boys1729
04-10 04:00 PM
I know there are some of good <desi> consulting companies..
�there are some of good <desi> consulting companies� �hmm.. debatable. Its like saying there are some good bad-apples. I think there can be grades for desi consultants like little bad, more bad, even more bad, horribly bad, ruthlessly bad�etc but not good.
I don�t think there are any desi consultants who don�t fake their resume at least a little bit. Yeah, even a tiny bit (tiny bit according to consultants mostly will be quite a bit in normal standards) of faking is still faking. So how can you call them good?
�there are some of good <desi> consulting companies� �hmm.. debatable. Its like saying there are some good bad-apples. I think there can be grades for desi consultants like little bad, more bad, even more bad, horribly bad, ruthlessly bad�etc but not good.
I don�t think there are any desi consultants who don�t fake their resume at least a little bit. Yeah, even a tiny bit (tiny bit according to consultants mostly will be quite a bit in normal standards) of faking is still faking. So how can you call them good?
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