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  • navkap
    09-20 04:26 PM
    From Yahoo News
    http://news.yahoo.com/fc/US/Immigration

    WASHINGTON - The House voted Wednesday to require Americans to show proof of citizenship in order to vote, and the Senate moved to build a 700-mile fence along the Mexican border as Republicans sharpened attacks on illegal immigration before the midterm elections.


    The 228-196 House vote on a new photo ID plan and the Senate's consideration of the fence were both part of a get-tough policy on illegal immigrants that Republicans have embraced after Congress' failure to agree on broader legislation that would set a path for undocumented workers to attain citizenship.

    House GOP leaders have insisted that tighter borders and tougher laws must precede more comprehensive immigration changes. The House passed the fence bill last week and plans votes Thursday on other enforcement measures: to increase penalties for people building tunnels under the border, make it easier to detain and deport immigrant gang members and criminals and clarify the ability of state and local authorities to detain illegal immigrants.

    Republican sponsors of the voter identification bill said it was a commonsense way to stop fraud at the polls. People need photo IDs to board planes, buy alcohol or cash checks, said Rep. Vernon Ehlers (news, bio, voting record), R-Mich., chairman of the House Administration Committee. "This is not a new concept."

    "This is what Americans want," said Rep. John Mica (news, bio, voting record), R-Fla., "They want safe borders and they want safe ballots."

    But Democrats assailed the legislation, saying it could hurt minorities, the poor and the elderly � groups that tend to vote Democratic � who might have trouble producing a photo identification.

    "This bill is tantamount to a 21st century poll tax," said Democratic Whip Steny Hoyer, D-Md. "It will disenfranchise large number of legal voters."

    Rep. Ike Skelton (news, bio, voting record), D-Mo., said he was initially denied a voter ID required under a Missouri state law because he doesn't have a driver's license and couldn't immediately produce a passport or birth certificate. His congressional ID card was not accepted.

    A Missouri court earlier this month struck down the state law, and on Tuesday a state superior court judge in Georgia ruled that that state's law requiring a photo ID was an unconstitutional condition for voting.

    The bill would require everyone to present a photo ID before voting in federal elections by 2008. By 2010 voters would have to have photo IDs that certified they were citizens. In response to criticism that this would be a burden for the poor, the bill stipulates that states must provide the identification cards free of charge to those who can't afford them.

    The Senate, meanwhile, voted Wednesday to take up a bill to build a 700-mile fence along one-third of the U.S.-Mexico border.

    Action on the fence, which could cost billions of dollars, comes four months after the Senate approved legislation that, along with tightening border security, created a guest worker program and outlined how people in the country illegally could work toward legal status and eventual citizenship.

    President Bush has supported this broader approach, but it has met strong resistance in the House, where opponents have said it was tantamount to amnesty for illegal immigrants.

    Bush, in an interview with CNN's Wolf Blitzer, said he would sign a fencebuilding bill as part of efforts to strengthen the border. But he added, "I would view this as an interim step. I don't view this as the final product. And I will keep urging people to have a comprehensive reform."

    Senate Majority Leader Bill Frist, R-Tenn., said, "While I've made it clear that I prefer a comprehensive solution, I have always said we need an enforcement-first approach to immigration reform."

    Democratic leader Harry Reid of Nevada countered, "We can build the tallest fence in the world and it won't fix our broken immigration system." To do that, he said, "we need the kind of comprehensive reform that the Senate passed earlier this year."

    The current bill wouldn't provide funding to cover costs of the fencing and other barriers aimed at preventing illegal entry. About $1 billion for the fencing is likely to be included in a bill for the Department of Homeland Security that Congress is expected to approve before its scheduled adjournment next week for the elections.

    Also on Wednesday, a bipartisan task force recommended that Congress provide a path to legal status for immigrants who can demonstrate steady employment, knowledge of English and payment of taxes and who pass a background security check.

    The panel, chaired by Spencer Abraham, former Republican senator from Michigan and energy secretary, and Lee Hamilton, former Democratic representative from Indiana and chair of the 9/11 Commission, also urged new verification mechanisms to assist employers in hiring only authorized workers.





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  • glus
    02-27 09:21 AM
    Glus

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.

    Tks!

    That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.





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  • stucklabor
    02-24 05:21 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?

    I believe that the visas made by cannibalizing EB1 and EB2 will go to the EB unskilled worker category. It would be terrible if the quota is not increased, if advanced degree+3 year people are still subject to the quota, but if the visas are reallocated.





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  • antwoods
    07-06 01:57 AM
    I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
    Here is my current status :
    6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

    1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
    2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
    3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?

    Thanks.



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  • perm2gc
    12-22 02:33 PM
    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...
    How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.





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  • totalvisa
    04-25 08:39 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?



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  • swarnapuri
    06-05 03:52 PM
    laborfd/svdcpa,

    People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.

    http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15

    Thanks!





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  • Lasantha
    04-01 05:46 PM
    I agree 100%

    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..



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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)





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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.



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  • loudoggs
    12-03 12:22 PM
    Thank you!!

    No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.





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  • jax999
    01-29 05:18 PM
    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

    My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.



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  • rjgleason
    October 26th, 2004, 05:30 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.





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  • eeezzz
    10-09 04:14 PM
    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.

    I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.

    Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.



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  • sandy_anand
    03-08 02:23 PM
    Congratulations! Please continue to donate to IV.





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  • sweet23guyin
    12-16 07:03 PM
    I traveled ORD-HYD via Frankfort last month with out stamping; but has AP in hand. No one questioned or looked at my AP. If you have a Indian passport I think you should be good to got back; problem is only when you want to come back to US with out AP or stamping.



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  • validIV
    03-24 12:51 PM
    Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.

    How long have you been unemployed?





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  • narendra_modi
    03-04 10:04 PM
    what is missing, I am on H1B, I haven't filed yet anything for the GC, tell me why it is irrelevant post ? Whats wrong in redirecting the immigrationvoice.com to ebimmigrationvoice.com because I have observed that when ever some newbie ask some thing non eb based, e g , a family based legal immigration Que. then people here just give hard time..

    narendra_modi = troll alert

    reasons: first post, missing info, irrelevant post





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  • ksrk
    03-04 04:42 PM
    Congratulations moclutch! Sure sounds like one heck of a journey. And like you said, misery does love company - or at least eases a bit.

    Congrats again - time to celebrate! :) And good luck moving forward...

    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!





    rajenk
    01-23 12:49 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy





    ronhira
    02-19 03:33 PM
    when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....

    guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......

    http://www.

    when is fbi planning to arrest & question itgrunt......



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