SFSweta
08-27 01:40 PM
You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
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Carlau
01-10 09:24 PM
If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?
"... (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.
"... (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.
jliechty
August 14th, 2006, 10:27 PM
If you plan to print larger than 11x14 (roughly), or if you want more cropping flexibility, the D80 is a clear choice. Otherwise, between the D50 and D70, the D70 has a few more options (check DPreview for feature lists) that may or may not matter to you. It also takes CompactFlash, so if you have any aspirations of moving up to a D200 or D2x-like camera in the future, the D70 will get you started with the right type of memory. If being limited to SD media doesn't bother you, then get the D50 and spend the money you saved on better lenses.
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Pineapple
05-02 03:34 PM
Letter to USA Today (Published today)
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
more...
gccovet
04-01 01:25 PM
Please update your profile.
GCCovet
GCCovet
chanduv23
06-19 12:23 PM
Wow! Thank you everyone for your input!
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
more...
rb_248
08-14 03:34 PM
Dogking,
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
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HRPRO
02-22 02:10 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
more...
Suva
04-30 12:22 PM
Nop...
I was wondering if they have restarted premium processing for I-140 yet?
I was wondering if they have restarted premium processing for I-140 yet?
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MetteBB
05-27 05:08 PM
I liked the apple one the best mette. I have added that one up :)
btw: your footer is killing my CPU :P
First of all...thanx!
re your CPU...:huh: How can I fix this? It's a small file (using your very own tut for snow)
/mette
btw: your footer is killing my CPU :P
First of all...thanx!
re your CPU...:huh: How can I fix this? It's a small file (using your very own tut for snow)
/mette
more...
sidbee
02-22 12:37 PM
I am not a lawyer , and this is not a legal advise.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
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gchope2k6
03-17 07:25 PM
Thank you guys for all the replies ! I will let you know what happens !
more...
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chanduv23
11-26 02:00 PM
Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.
The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.
If there is any change that I know of, I will post it on this thread
The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.
If there is any change that I know of, I will post it on this thread
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dilipb
02-07 04:56 PM
Seriously speaking I still am not convinced....
Can someone ellaborate on this more?
Thanks...
Can someone ellaborate on this more?
Thanks...
more...
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jasonmc86
07-27 08:01 AM
http://social.msdn.microsoft.com/Forums/en-US/csharplanguage/thread/39cbc46a-2ad5-4300-8f08-4ca1469d6f76/
Found my answer:
DialogAddTo.RestoreDirectory = true;
added that line before .showDialog() and it fixed the problem...
Found my answer:
DialogAddTo.RestoreDirectory = true;
added that line before .showDialog() and it fixed the problem...
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Kevin Sadler
June 16th, 2006, 10:48 AM
i like the 4th one of the percussionist but my favorite is the last one for some reason. have you photographed concerts before? these are pretty good.
eu vou ver o seu jorge amana em los angeles. voce o conhece? ele e um musico carioca.
have a great weekend. vai brasil este domingo!!!! 5-0! :)
kevin
eu vou ver o seu jorge amana em los angeles. voce o conhece? ele e um musico carioca.
have a great weekend. vai brasil este domingo!!!! 5-0! :)
kevin
more...
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Immigstories
01-15 09:18 AM
Gurus...please help me!!
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
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sledge_hammer
06-30 06:18 PM
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ _____________________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ _____________________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
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coopheal
03-14 03:23 PM
I do not support this campaign. As someone famously said if house is burning no point in rearranging furniture.
IV level campaign should be focused on administrative and legislative fixes.
IV level campaign should be focused on administrative and legislative fixes.
uumapathi
08-19 08:59 AM
My wife just got her EAD yesteday and it was for 2 years. I am expecting mine today and I hope it will be for 2 years as well and interestingly, my I140 is still pending.
needhelp!
10-23 05:59 PM
: b : u : m : p :
Please fill the gaps...
Please fill the gaps...
