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  • wandmaker
    11-07 03:15 PM
    Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.





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  • RNGC
    02-04 10:15 PM
    I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

    Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

    Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

    Thanks for all your inputs.





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  • Ennada
    01-29 11:05 PM
    Legalizing unauthorized immigrants would help economy, study says - CNN.com (http://www.cnn.com/2010/POLITICS/01/07/immigration.economy/index.html#cnnSTCText)

    Washington (CNN) -- Legalization of the more than 11 million unauthorized immigrants in the United States would raise wages, increase consumption, create jobs and generate more tax revenue, two policy institutes say in a joint report Thursday.

    The report by the Center for American Progress and the American Immigration Council estimates that "comprehensive immigration reform that legalizes currently unauthorized immigrants and creates flexible legal limits on future immigration" would yield at least $1.5 trillion in added U.S. gross domestic product over a 10-year period.

    "This is a compelling economic reason to move away from the current 'vicious cycle' where enforcement-only policies perpetuate unauthorized migration and exert downward pressure on already low wages, and toward a 'virtuous cycle' of worker empowerment in which legal status and labor rights exert upward pressure on wages," study author Raul Hinojosa-Ojeda writes.

    The study looks at three scenarios: deportation of undocumented workers, temporary worker programs and legalization of the current undocumented population. Deportation would lead to a loss of $2.6 trillion in gross domestic product over 10 years, the report says, while a worker program would lead to a gain of $792 billion. Full legalization would lead to the best economic results, the study says.

    Other groups, such as the Center for Immigration Studies and the Federation for American Immigration Reform, say that unfettered immigration harms the United States and that entry into the nation must remain limited.

    When running for president in 2008, Barack Obama said that comprehensive immigration reform would be a priority in his administration, but the issue has been sidelined by health care reform efforts in Congress, the weak economy and the wars in Iraq and Afghanistan.

    There are indications, however, that the Obama administration aims to revive immigration reform efforts in Congress this year.

    The study bases many of its conclusions on an examination of what happened after passage of the Immigration Reform and Control Act of 1986, which granted legal status to 3 million unauthorized immigrants.

    A 2006 Pew Hispanic Center report found that 56 percent of illegal immigrants in the United States in 2005 were from Mexico, a total of about 6.2 million unauthorized immigrants.

    About 2.5 million unauthorized migrants, or 22 percent of the total, came from the rest of Latin America, primarily from Central America, the Pew Hispanic Center study found.

    Of the remaining illegal immigrants, about 13 percent were from Asia, and 3 percent were from Canada and Europe, the Pew study said.

    The report released Thursday says U.S. enforcement efforts -- mainly along the nearly 2,000-mile border with Mexico -- are costly and ineffective.

    "The number of unauthorized immigrants in the United States has increased dramatically since the early 1990s despite equally dramatic increases in the amount of money the federal government spends on immigration enforcement," study author Hinojosa-Ojeda writes.

    According to the report, the U.S. Border Patrol says its annual budget has increased by 714 percent since 1992, from $326.2 million in fiscal year 1992 to $2.7 billion in fiscal 2009. And the cost ratio of Border Patrol expenditures to apprehensions has increased by 1,041 percent, from $272 per apprehension in 1992 to $3,102 in 2008.

    Similarly, the Border Patrol says the number of agents along the border with Mexico has grown by 390 percent, from 3,555 in fiscal 1992 to 17,415 in 2009.

    "Yet the unauthorized immigrant population of the United States has roughly tripled in size over the past two decades, from an estimated 3.5 million in 1990 to 11.9 million in 2008," the report says, noting that illegal immigration appears to have declined slightly since 2007 as a result of the global recession.

    The report points out that a long-term study conducted by the University of California, San Diego, found that 92 to 98 percent of unauthorized immigrants keep trying to cross the border until they succeed.

    Increased enforcement has several unintended consequences, such as making the Southwestern border more lethal by channeling migrants through remote and rugged mountain and desert areas, the study found. The number of border-crossing deaths doubled in the decade after increased border enforcement started, a 2006 Government Accountability Office report said.

    An October 2009 report by the American Civil Liberties Union of San Diego & Imperial Counties and Mexico's National Commission of Human Rights estimates that 5,607 migrants died while crossing the border between 1994 and 2008.

    Tightened borders also have created new opportunities for people smugglers, who charged an average $2,000 to $3,000 per person in 2006, the study said. Ninety percent of illegal immigrants now hire smugglers, according to the report.

    An examination of trends after the 1986 immigration reform law shows that legalization of unauthorized immigrants has benefits, the report says. Legalized workers earned more, moved on to better jobs and invested more in their education so they could get higher pay and better jobs.

    A previous study found that "the wages of unauthorized workers are generally unrelated to their actual skill level," Thursday's report said.

    "Unauthorized workers tend to be concentrated in the lowest-wage occupations; they try to minimize the risk of deportation even if this means working for lower wages; and they are especially vulnerable to outright exploitation by unscrupulous employers. Once unauthorized workers are legalized, however, these artificial barriers to upward socioeconomic mobility disappear."

    Study author Hinojosa-Ojeda is founding director of the North American Integration and Development Center at the University of California, Los Angeles.

    The self-described progressive Center for American Progress is a nonpartisan research and educational think tank headed by John Podesta, who was chief of staff for President Bill Clinton.

    The Immigration Policy Center, established in 2003, also is a nonpartisan institute.

    The report, titled "Raising the Floor for American Workers, The Economic Benefits of Comprehensive Immigration Reform," can be found on the Web.





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  • DSLStart
    10-02 09:22 AM
    If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.

    Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.



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  • vontlin
    10-03 06:39 PM
    My student advisor asking me to show the I-94 Parole not expired, i didn't renew my AP last year since i was not going to travel.

    Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan





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  • abimanyu
    08-19 09:20 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(



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  • Hermione
    09-25 12:56 PM
    this is a good find! they need to have 3 year extensions on EAD

    I think they do it for other immigrant categories, like refegees.





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  • ibmguy
    04-09 07:31 PM
    I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
    BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.



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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.





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  • CADude
    02-21 03:07 AM
    Got a letter from Sen B Boxer, CA. Standard letter.. with bla bla bla..
    zeast of letter.. Sen. is working hard to resolve the complex issue and requested me to keep patience.

    :) That i am doing anyway from last 7+ year..:D



    Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.

    I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.



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  • javadeveloper
    05-26 04:57 PM
    What is the logic to deny 485(EB3) if 140(EB2) gets denied?





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  • OLDMONK
    06-16 08:19 PM
    I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.

    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    >>>WAS your COS (Change of status) applied while filing for H1B ?

    What will be my status untill Oct 1st from the day my H1 is approved?

    >>>You will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    >>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).

    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    >>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    >>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    >>>No idea.



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  • krogot
    02-15 07:00 PM
    We're both from Russia, and a friend of mine got his GC in about of 1.5 years, he is from Russia too.

    My PERM process took about 10 month and my I-140 has not been filed yet, when you say "the expense of redoing PERM", how much it would cost the company?





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  • jkays94
    04-01 10:29 AM
    IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...

    I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.



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  • sameet
    06-26 04:48 PM
    My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...

    I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
    Just to clarify I have not used my EAD. Still on H1B.





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  • WaitingForMyGC
    01-11 11:32 AM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks



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  • CaliHoneB
    09-21 10:58 AM
    There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody

    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.





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  • chanduv23
    11-17 09:40 AM
    I got mine using EAD last year at Baytown, TX - I would say, it is one of the coolest DPS in Houston. All they need is your EAD and old license.

    The license would state that you are a temporary visitor and your status expires the day your EAD expires. Around the EAd expiry time, you get a notice that your drivers license will be invalid if you do not update the DPS with your new status information.

    I got greened in September, but still using the same old license as it is valid till September 2011.





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  • makemygc
    05-12 11:58 AM
    The law in question in Arizona was SB 1070. When it passed, I was an immigrant resident of that state.

    When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:

    We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
    Pretty clear.

    ..................................

    Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (http://www.huffingtonpost.com/robin-koerner/a-legal-immigrants-take-o_b_860273.html)

    Indian immigrant with priroity date of 2008 in EB3 category and you got your green card 2 yrs back...who are you?:mad:





    Eb3_frustrated
    07-24 03:55 PM
    I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.

    So if SKIL bill gets passed we should be fine, but when is a big question ???





    Berkeleybee
    03-08 12:40 PM
    Wellwishergc,

    Check out the new poster -- that might work too/better.

    best,
    Berkeleybee