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  • honge_kamyaab
    02-01 12:54 PM
    I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.

    I'll fill this paperwork and the list of items to be brought in later. Possibly answer
    any questions the officials at the POE ask. Anything else at POE that I need to do?

    After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.

    This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.

    Please advice.





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  • ragz4u
    01-25 11:53 AM
    What is lobbying and is it legal?
    As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

    It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

    What has lobbying got to do with the Immigration Bill?

    As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

    The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

    This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

    This markup already seems to contain the provisions we need, what are we still worried about?

    If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

    1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

    2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

    3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

    4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

    5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

    So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

    The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

    A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

    Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

    We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

    During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

    It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

    Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

    A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

    We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

    All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

    And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm





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  • nik.patelc
    02-18 08:39 PM
    I just noticed that your PD date is Nov 2004 EB2. I am just curious that CIS is processing case with PD NOV 2004 in March but March 2009 bulletin show EB2 Feb 2004.

    Would you share details when did you get GC interview?





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  • nomi
    04-18 04:59 PM
    How many people will be able to file their I-485 because of May Visa Bulletin 2007 since EB3 for world move Aug. 2002 to Aug. 2003 ?

    How many people will be able to file their I-485 if EB3 for world move Aug. 2003 to Aug. 2004 ?

    How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2003 ?

    How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2004 ?



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  • gcwait2007
    07-04 05:44 PM
    My EB-3 labor PD is 02/2007, my I-140 is stuck-up in NSC for more than one year now.

    Considering the present trend, I decided to move on to EB-2. I pressurized my employer to file for another PERM for EB-2 which they are now reluctantly doing. Let me see what happens :rolleyes:





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  • ayaskant
    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.



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  • liberty
    10-06 04:30 PM
    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.





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  • GCHope2011
    07-02 12:14 AM
    Folks,

    How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?

    My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
    The flight (emirates) lands at 3 or 4 am.


    Also, any recomendations for Hotels ? Ideally near the railway station.

    Thanks in Advance !!

    Regards,
    You should book the hotel on Yatra.com or Makemytrip.com. I have used them in the past, and if you book 3 star or more, then you get pretty decent hotels.

    Also, about the taxi, you should ask them to go straight to the pre-paid counter and pay as per the fare board charge. It will look a bit expensive, as it is the airport, but it is usually hassle free and safe.



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  • MCQ
    08-07 05:28 PM
    I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails

    McQ





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  • ramhs
    02-06 07:43 PM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.



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  • AB1275
    09-25 03:48 PM
    Thanks for your response.....

    What happens if I-140 gets revoked?
    The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
    Will my EAD be valid?





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  • vin13
    09-10 09:02 AM
    As the health care debate draws more hate against �illegal immigrant coverage�, the Democratic Senator charged with introducing immigration reform legislation is making more excuses instead of moving forward.

    Sen. Charles Schumer, D-N.Y., has decided to delay introducing legislation to overhaul the nation�s immigration laws in hopes of bringing more senators on board and crafting a bipartisan bill, his spokesman said Tuesday��We are pleased with the framework we have put together so far and the broad-based support it has gotten from a diverse group of those interested in this issue,� [Brian] Fallon said. �The fact that health care is taking longer than expected gives us additional time to now shop our ideas to a number of Republicans to see what they think and what changes they suggest.�



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  • desitechie
    01-12 09:35 PM
    Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.

    What happens if an individual has completed 6 years on H1 and is in 7th or 10th... extension? Does 485 denial invalidate the associated 140 too? Will it not make the H1 invalid too?

    Thanks





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  • neoklaus
    10-22 01:02 PM
    If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.

    Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
    Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).



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  • kris04
    08-07 08:56 PM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.

    how big is your employer, any decent HR software should have compliance system that can handle this legal status issue





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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."



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  • hemya
    08-21 09:15 AM
    If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.

    Hope this helps.

    Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number





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  • wandmaker
    11-22 12:28 PM
    She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.

    Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.





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  • paskal
    12-01 10:13 AM
    I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.

    Thanks

    Hello,

    We can help you but the first step is to complete your profile
    Also I suggest you start by joining the GA chapter, you will get some help from them.





    pappu
    03-18 11:33 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?
    Please correct your profile with real details so that it helps everyone. Thanks.





    Leo07
    11-29 06:51 PM
    Your's is a tricky situation.

    First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...

    Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.

    Third, weigh your options...and take a risk if you should.

    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.



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