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  • ChampU2008
    11-18 10:30 AM
    Thank you for your letter regarding the Development, Relief, and Education for Alien Minors (DREAM) Act of 2009 (S. 729). As always, I value your input on this and other issues, and strive to keep you updated on the important issues facing us today.

    On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.

    Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.

    As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.

    Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.

    Sincerely,
    Scott P. Brown
    United States Senator


    Huh? Not a word about our plea for Legal immigrants??




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  • amitjoey
    07-11 12:20 PM
    Flower campaign has been a tremendous success. Look at how many inquiries we are getting. If you are in the particular city or state, where a reporter is trying to do a story, please come forward and contact these reporters.
    What good is it to just hide behind an IV handle and suggest all kinds of ideas.




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  • desi3933
    01-30 01:57 PM
    Let me add my 2 cents here -

    1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
    2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
    3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
    4. Within 30 days of start working, person should get his/her first paycheck.
    5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
    6. 3/10 year bar applies for illegal presence and not for out of status.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • sankap
    07-10 01:16 AM
    Could you point to a USCIS/IRS resource for this info?

    QUOTE=number30;486999]Problem with that argument once you own more than 5% of the company you will have file as investor. [/QUOTE]



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • franklin
    07-10 06:16 PM
    I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.

    PM me, I can send you conference call details



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  • bingl
    08-20 02:50 PM
    Approved today !

    Had raised a SR for dependent on 5th August . Got standard reply .....initial review, wait for45 days....
    Infopass on 10th Aug - was told case is pre adjudicated
    Opened SR on the 11th of August for primary . ....Have not yet got any reply for that.
    Today got email - Card production ordered.




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  • aniraj
    02-03 03:37 PM
    All the best to you. You must have thought & compared all the limitations.
    In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
    More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.



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  • coopheal
    03-26 03:14 PM
    This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.

    Processing dates doesn�t mean they don�t process applications received after those dates.
    I got my H1B renewal notice last week. My application�s received date is in 3rd week of Jan and Processing date for H1B extension is still in December-07.




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  • grupak
    12-16 10:47 AM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    The situation is depressing but I don't intent to accept it laying back. I want to fight it. Years from now looking back I will be happy that I did what I could to fight it.

    IV gives me the framework to fight effectively.



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  • smuggymba
    11-17 06:38 PM
    Done.




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  • HOPE_GC_SOON
    07-21 01:23 PM
    Following are details:

    PD: 10/05- EB2 I
    EAD: Paper File: at TSC: Sent on 4th June.
    Receipt date at TSC: June 18th: Check Encashed.
    Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD

    July 2nd 07, 485/ap/ead Filer.

    thanks



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  • techbuyer77
    06-18 10:27 AM
    She told me she got it aorund the 6th




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  • tikka
    05-23 06:03 PM
    Sent IV press release to major newspapers/ news services using AILA website.
    Thank you for the all the links!!

    A little checklist to encourage other IV members to work on action items.

    1) Funding Drive
    http://immigrationvoice.org/forum/showthread.php?t=4618
    Just made paypal contribution for $100.

    2) Media Drive
    http://immigrationvoice.org/forum/showthread.php?t=4290
    Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/

    3) Email to Senators
    http://immigrationvoice.org/forum/showthread.php?t=4619
    Sent to all senators in list by visiting their sites.

    4) IV Fax
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
    Sent.

    Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.



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  • vinnysuru
    04-18 07:28 PM
    Hi All,

    I have to do the landing before june, 2008.

    I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

    I am planning to do the landing in last week of may via Niagra falls. (toronto)

    anyone with similar status done landing please share your experience.

    Thanks

    Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D




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  • manderson
    03-28 02:42 PM
    I have mulled over different options in my head for a long time. Here are some things I came up with:

    - switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.

    - begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)

    OK - I guess I didn;t come up with as many options as I had thought.... :)

    the Canada option and is not bad. you can get it in 1 year plus it will take less energy than it takes you now to remain depressed.



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  • buddyinsd
    08-20 08:16 PM
    My attorney says it cud also result in delay of the process...its a 50-50 chance.

    Dozn't matter whether u inquire or the attorney doz and thats why they have an option when u call whether u r a representative or the petitioner himself...Anyways if u think its worth a try go for it.

    I think bottom line is it depends on the IO having ur case and sitting on it doing nothing...

    I contacted my Attorney (Its company attorney) and he told me that he will make an enquiry with USCIS. Apparently he has a list of all the pedning cases who are current this month and he is planning to send the list to USCIS.

    Lets see what i get next week. Week 3 done. Week 4 starts!




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  • mike_2000_la
    06-15 06:48 PM
    Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):

    Here are the details:
    Mailed to NSC on May 31st.
    Received at NSC on June 1st.
    Transferred to TSC (I-140 was Approved from TSC)
    Receipt Date - June 01
    Notice date - June 08


    suggestion to add one more piece of info which maybe useful..

    MailedFromState:

    here is mine....

    Mailed to NSC on: Jun 1st.
    Mailed From State: CA
    Received at NSC on: ?
    Transferred to TSC on: ?
    140 approved from : CSC
    Receipt Date :?
    Notice date :?




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  • psk79
    08-21 10:19 AM
    Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
    Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.

    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...




    solaris27
    08-12 08:07 AM
    Mailed: July 12th
    RD: Jul 15th
    ND: July 15th
    EAD approved - August 12 2008


    What I did till now.


    1) Contacted Senator/Congressman/Governor
    2) Filled 7001 form for Ombudsman
    3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
    4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.




    pallavan
    09-26 11:36 PM
    i'm as much high skilled as u'r...... <snip> till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....

    Took it too personally huh ? Gosh, I must be getting Reeeally Good at this :cool: Haa Haa Haaa ...!

    Your rage was cute for a while. Now STFU and get back to the sorry existence you call your life. Luser night is over :D :D :D



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