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02-10 08:21 PM
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06-27 07:36 PM
From: National Immigration Forum
Web: http://www.immigrationforum.org
Recess
Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.
On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.
There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.
H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.
In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.
Even for these modest reforms, prospects for passage are uncertain.
Oversight and Accountability
If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.
There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.
The Appropriations Season
We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)
Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.
There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.
There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.
The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.
Immigrants and the 2008 Elections
The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:
http://icirr.org/node/2882
Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.
Web: http://www.immigrationforum.org
Recess
Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.
On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.
There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.
H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.
In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.
Even for these modest reforms, prospects for passage are uncertain.
Oversight and Accountability
If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.
There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.
The Appropriations Season
We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)
Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.
There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.
There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.
The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.
Immigrants and the 2008 Elections
The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:
http://icirr.org/node/2882
Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.
belmontboy
07-14 09:33 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
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garybanz
09-26 02:53 PM
I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.
Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)
Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?
Thanks.
Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)
Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?
Thanks.
more...
Outkastpb231
10-29 06:04 PM
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yabayaba
08-18 09:34 PM
My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.
Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.
Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.
more...
lvinaykumar
05-18 12:42 PM
The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
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reddymjm
01-07 09:09 AM
I just entered US on my AP. Old one (stamped one) was valid till May 08 09 and I had a renewed AP. The IO asked for both old and new AP. I had only the new one. He said I am supposed to carry both. Then he issued me a stamp valid till dec 30 09 and said am supposed to carry the stamped AP paper along with the stamp all the time. Then I aksed about the expiry validity. He said I have to have a new AP after the AP expiry date on AP not on the passport.
But I heard the otherway at the canada border.
But I heard the otherway at the canada border.
more...
Bytes4Lunch
04-09 03:16 PM
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
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dval_dpal
09-20 06:18 PM
raj,
could you tell me what is your education background....i'm planning to switch to eb2 too...
your advice will be helpful.
thanks
dhaval
could you tell me what is your education background....i'm planning to switch to eb2 too...
your advice will be helpful.
thanks
dhaval
more...
chanduv23
12-05 08:23 AM
Overall, what I feel is, anyone can screw up. There is no gaurantee on immigration lawyers. Immigration law is very complicated, every decision is made on a case to case basis, and there are no proper defined protocols, most immigration laws when implemented, these lawyers deal with them on trial and error basis, so when INS changes their ways, these lawyers seem to have screwed up, but then these lawyers adapt to the change, unfortunately the immigrant suffers. Thats how this system is.
do not name lawyers in your posts- admin
do not name lawyers in your posts- admin
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maddipati1
07-17 04:34 PM
my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.
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waitingnwaiting
11-29 10:22 AM
This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
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questions
06-10 10:07 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
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waitingnwaiting
01-26 11:48 AM
Just wake me up when you guys get your answers. You should post on this thread.
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amitjoey
09-13 03:46 PM
The chances this time are NONE. The chances in the session after November elections are better but still slim. It will most likely be taken up in spring or summer of 2011.
For us the chances are always slim because:
1) We will keep bickering and fighting amongst ourselves
2) We will not go and talk to the legislative offices to make them understand our problems and issues.
3) If we continue to not stand up and be counted.
We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.
If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.
So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.
For us the chances are always slim because:
1) We will keep bickering and fighting amongst ourselves
2) We will not go and talk to the legislative offices to make them understand our problems and issues.
3) If we continue to not stand up and be counted.
We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.
If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.
So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.
more...
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indianindian2006
08-28 01:53 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
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gimme Green!!
07-24 12:17 PM
Attach the screen shot of labor approval and indicate that you are waiting to receive the actual approval.
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
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nashim
05-12 09:19 AM
gangadhargs ,
Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.
Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.
GCUser1
09-12 07:30 AM
Fill this form http://www.dol.gov/esa/forms/whd/WH-4.pdf and submit the form at local office ( http://www.dol.gov/esa/contacts/whd/america2.htm)
Good Luck !!!
Good Luck !!!
alforever
04-04 02:11 PM
Hello Everyone, I have one specific issue.
My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?
My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?
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