chansek
07-23 07:40 PM
Hi,
Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.
Please let me know any one in the same situation and advise what are the options do i have.
Thanks,
chansek.
Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.
Please let me know any one in the same situation and advise what are the options do i have.
Thanks,
chansek.
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saravanaraj.sathya
08-20 03:51 PM
I feel sorrry for you...I saw this link but I do not know whether u can use it..
why would he do that..is this a desi consulting comp? whtz the comp name?
http://www.dol.gov/esa/regs/compliance/whd/fairpay/complaint.htm
why would he do that..is this a desi consulting comp? whtz the comp name?
http://www.dol.gov/esa/regs/compliance/whd/fairpay/complaint.htm
akhilmahajan
08-31 07:40 PM
We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
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vardinishankar
10-28 01:29 PM
Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.
Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!
Not two - just you against none :) Count me out! The other guy quit, and I too am quitting - so you are the sole winner. Hope it makes your day! And does it prove that we are united? I guess EB will move now - now that we are united - and that we have bashed Infy and its founder together.
Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!
Not two - just you against none :) Count me out! The other guy quit, and I too am quitting - so you are the sole winner. Hope it makes your day! And does it prove that we are united? I guess EB will move now - now that we are united - and that we have bashed Infy and its founder together.
more...
alterego
12-04 08:14 PM
this sounds more like, "Ok so you say the glass is half full, why is that great now?"
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
You call it cynical. I call it realistic my friend. If it makes you "feel good" and thats why you support the idea then fine. However the thread was started stating this is somehow good for our money. I am not convinced.
My point is, firstly this is a far way from fruition, and even if it happens there will be a queue of gov't bureaucrats lining up and licking their chops to meddle with it. Furthermore the leftist parties there will ensure that every socialist policy in the books will be applied to your so called retirement funds. A steady revenue stream of that magnitude will not be left in peace. That much I can assure you.
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
You call it cynical. I call it realistic my friend. If it makes you "feel good" and thats why you support the idea then fine. However the thread was started stating this is somehow good for our money. I am not convinced.
My point is, firstly this is a far way from fruition, and even if it happens there will be a queue of gov't bureaucrats lining up and licking their chops to meddle with it. Furthermore the leftist parties there will ensure that every socialist policy in the books will be applied to your so called retirement funds. A steady revenue stream of that magnitude will not be left in peace. That much I can assure you.
mailsunnydeol
07-22 01:35 PM
Here are my details on EAD renewal:
Type: e-filed
Self:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/21/08
AD: 07/21/08
Wife:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/16/08
AD: ?
Type: e-filed
Self:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/21/08
AD: 07/21/08
Wife:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/16/08
AD: ?
more...
arnab221
04-29 12:23 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
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illusions
04-03 10:18 AM
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.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
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.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
more...
vijayrudra
07-19 02:38 PM
have PM'ed ya
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eb3retro
11-09 04:20 PM
guys, in my case the congressman intervention helped a lot. you can request them to get in touch with uscis even after 40 days of application (just like in my case) and once they did, i got approval email within 48 hours and AP copies in 4 days in the mail. Hope this helps.
more...
485Mbe4001
12-12 02:49 PM
groan....moan... are you happy now:D
im waiting for the groans and moans
im waiting for the groans and moans
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h1techSlave
11-30 05:35 PM
I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
more...
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JunRN
06-06 10:37 AM
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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chantu
07-25 01:07 PM
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
more...
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senocular
02-03 06:40 AM
Loved them all but I was torn between eilsoe and kax. kax's shadows are what impressed me most, and if the castle was populated or had a little more color, I might have voted there, but I instead took to eilsoe's because of the people and captions ;) It also embodies more what I think of as 'pixel art', which is very straight or isometric, not to say those that werent wer bad because of that; in fact that gives a more impressive look and feel, but I needed some fun and eilsoe delivered. What shocked me most is that there were more people waiting in line at the mens bathrooms... hmm, guess its mostly guys there. :) The duck reflections were also a nice touch.
Soul was a close 3rd.
Soul was a close 3rd.
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MLS
06-26 05:19 PM
Thank you very much !
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
more...
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gcgreen
01-09 12:46 PM
the two reasons why you would want to enroll in COBRA are:
1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.
hope this helps.
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.
hope this helps.
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
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tonyHK12
10-28 12:40 PM
You are one of the Proof. YOu need that... finally. See How you blabber for yourself.
Well I can't keep arguing with some m*r*n who keeps making false statements with no facts or statistics to back it up. I assume anything you say is likely false.
Well I can't keep arguing with some m*r*n who keeps making false statements with no facts or statistics to back it up. I assume anything you say is likely false.
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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.
ragz4u
03-18 05:40 PM
http://immigrationvoice.org/forum/showthread.php?p=3121#post3121
nozerd
04-13 11:35 AM
This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
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