EB3_SEP04
01-28 05:43 PM
Folks, please help:
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
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nashim
08-11 11:28 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
bekugc
03-05 06:58 PM
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raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
more...
dixie
10-17 01:42 PM
They can introduce all the premium processing they want, but the crux of the matter is that it is of no much use to us without the visa numbers to apply for a GC in the first place. USCIS will still end up making a lot of money - guess why - because we will have lost all our sanity by the time our PD becomes current so we wont mind shelling out money for I-485 premium processing even after having waited for ~10 years !! So more severe the retrogression, more the premium processing revenue. Not to speak of the fees for renewing the EAD,AP and so on. So much for the "USCIS certified premium processed" GC
ak_2006
04-30 02:59 PM
Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
more...
sb724
07-31 04:14 PM
Hi All,
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
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vxg
05-16 10:32 AM
It comes in a regular USCIS envelope which is not green. USPS puts it in your mailbox along with all junk mail. Congratulations.
more...
zuhail
05-28 10:33 AM
All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)
1. USCIS Update on Pending Employment-Based I-485s
�MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
�MurthyDotCom
Background on USCIS Charts on EB I-485s
�MurthyDotCom
The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
�MurthyDotCom
Current USCIS I-485 Charts and Usage of Immigrant Visas
�MurthyDotCom
The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
�MurthyDotCom
Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
�MurthyDotCom
The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
�MurthyDotCom
EB2 Analysis and Backlogs for India and China
�MurthyDotCom
In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
�MurthyDotCom
This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
�MurthyDotCom
When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
�MurthyDotCom
Thousands of LC Filings in March 2005
The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
�MurthyDotCom
EB3 Analysis and Maximum Pending EB3s for Indians
�MurthyDotCom
The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
�MurthyDotCom
There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
�MurthyDotCom
Conclusion
�MurthyDotCom
These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
�MurthyDotCom
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)
1. USCIS Update on Pending Employment-Based I-485s
�MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
�MurthyDotCom
Background on USCIS Charts on EB I-485s
�MurthyDotCom
The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
�MurthyDotCom
Current USCIS I-485 Charts and Usage of Immigrant Visas
�MurthyDotCom
The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
�MurthyDotCom
Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
�MurthyDotCom
The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
�MurthyDotCom
EB2 Analysis and Backlogs for India and China
�MurthyDotCom
In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
�MurthyDotCom
This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
�MurthyDotCom
When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
�MurthyDotCom
Thousands of LC Filings in March 2005
The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
�MurthyDotCom
EB3 Analysis and Maximum Pending EB3s for Indians
�MurthyDotCom
The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
�MurthyDotCom
There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
�MurthyDotCom
Conclusion
�MurthyDotCom
These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
�MurthyDotCom
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
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bestia
07-19 12:18 PM
Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.
I read in another forum that 90-day count starts from the received date.
I am not sure though!
Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.
I read in another forum that 90-day count starts from the received date.
I am not sure though!
Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.
more...
ski_dude12
07-13 08:08 PM
You are welcome to live your life in fear of USCIS by all means. I am not interested in being a slave like you. I hope you enjoy your slavery till it lasts.
And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.
And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.
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eb2dec2005
10-01 07:57 PM
I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
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indyanguy
11-27 12:46 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
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anilsal
12-13 12:52 PM
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
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bsbawa10
09-10 12:32 PM
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
1. Earthquakes
2. Shooting stars and
3. USCIS
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roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
more...
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FredG
June 25th, 2006, 08:25 AM
First option is always to try to blow it out. Next, in my mind, is an arctic butterfly (a bush that works on the principle of static cling, and no chance of leaving a residue). The lens pen was originally developed for lenses, but has recently come into vogue for sensors. Finally, a wet solution applied with a pad. A variety of blowers is here (http://www.bhphotovideo.com/bnh/controller/home?ci=1&sb=ps&pn=1&sq=desc&InitialSearch=yes&O=productlist.jsp&A=search&Q=*&bhs=t&shs=air+blower&image.x=0&image.y=0). Visible dust (http://www.visibledust.com/) has a variety of wet and dry offerings, including the butterfly. Lens pen is found here (http://www.lenspen.com/402/152/), along with instructions. I consider a wet method the last resort, due to experience with streaking (No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
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Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.
What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?
The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.
Representative Lamar Smith
Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:
"The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.
"In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.
"Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.
"Texans also should not have to compete with illegal immigrants for scarce jobs.
"According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.
"Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."
Rep. Smith supports:
* State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
* Mandatory E-Verify on Employers (H. Res. 1026)
* End to Birthright U.S. Citizenship (H.R. 1868)
He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.
Where does Rep. Smith stand on legal immigration?
He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.
Representative Steve King
The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.
Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."
What does Congressman King have to say about legal immigration?
"Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."
Conclusion
So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?
Not so fast.
Members of Congress, whatever their ideology, must represent the interests of their constituents.
You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.
When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.
And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.
So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.
Time will tell.
From Carl Shusterman blogs
What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?
The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.
Representative Lamar Smith
Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:
"The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.
"In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.
"Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.
"Texans also should not have to compete with illegal immigrants for scarce jobs.
"According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.
"Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."
Rep. Smith supports:
* State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
* Mandatory E-Verify on Employers (H. Res. 1026)
* End to Birthright U.S. Citizenship (H.R. 1868)
He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.
Where does Rep. Smith stand on legal immigration?
He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.
Representative Steve King
The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.
Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."
What does Congressman King have to say about legal immigration?
"Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."
Conclusion
So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?
Not so fast.
Members of Congress, whatever their ideology, must represent the interests of their constituents.
You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.
When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.
And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.
So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.
Time will tell.
From Carl Shusterman blogs
zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
Madan Ahluwalia
02-23 02:39 PM
Your wife can not extend her H1b.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
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