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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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  • GCStatus
    09-15 02:36 PM
    You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.

    Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.

    Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.

    Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.

    On a side note, if they dont need immigrants not sure why they created H1B?

    No one is doing anyone any favor here. We want everyone do their job.

    And not sure whats your agenda of sending this note other than being extremely rude and ignorant.





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  • anzerraja
    07-20 11:06 AM
    Shana04,

    We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.


    Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)

    Thanks !!!


    My pledge $200.00

    Aman,
    You are the real hero, no words to express our gratitude. But would definetly say, you are the best.

    Order Details - Jul 20, 2007 10:25 AM CDT
    Google Order #912004279351454

    Please use this order number to pay my contribution towards our hero Aman.

    Thanks,
    Nagesh





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  • sankap
    07-10 03:14 PM
    I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?

    I-140 is for future GC and hence, must be full time and permanent.

    I-140 is not for current H-1B job.

    You are mixing two things.



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  • anilsal
    12-12 12:42 AM
    Good question.
    Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
    Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
    I guess just a single drop of lime can spoil a litre of milk?





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  • bluesky1
    10-02 06:57 PM
    I added me here. Hope our box is not lost.

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1


    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.



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  • bkarnik
    05-10 08:21 PM
    http://thomas.loc.gov/cgi-bin/query/z?c109:S.2691:





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  • a2006
    05-02 03:19 PM
    http://immigrationvoice.org/forum/showthread.php?p=338410#post338410



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  • gc_peshwa
    02-09 01:11 AM
    Bump up. I plan to donate later. Too tired right now after a long day!





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  • Libra
    08-26 01:42 PM
    Senators and congressman in MN are not very helpful I guess, first they told me wait one month and if I dont hear anything then they will send a request, after one month I called them up to find out whether they can help, that guy in senator office told me to wait 6 more months.

    It's not like my case is lost or in transit or not assigned to an officer, it is assigned to an officer on june 29th, officer at infopass said may be the officer who has my file have more old cases compare to others.

    Hmmm, and congressman or senator?
    Keep pursuing, you may find help from some direction.



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  • murthy08
    08-27 08:52 AM
    They are requiring them to transfer from L1 to H1 status for L1 extensions. This will also mean an opportunity for them to move on to better paying companies and green card sponsoring companies, when they get a H1B status. A list of well paying and greencard sponsoring companies can be found by googling for "h1b unsweatshop"





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  • sankap
    07-09 11:58 PM
    @desi3933:

    1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.



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  • raju123
    05-24 07:42 AM
    Yesterday night, I sent email to all 100 senator again.

    Today, I will start calling them again





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  • nashim
    06-01 06:32 PM
    Hi Gurus,

    I have couple of questions regarding my AC21 portability, please post your thoughts on this.

    My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,

    1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?

    2) Will there be any impact on my old I485 application in case of interfiling denial?

    thanks



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  • prem_goel
    08-26 05:19 PM
    There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.

    Does anyone know?





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  • mhathi
    03-26 02:25 PM
    It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)

    ... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now..

    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.

    All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.



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  • arrarrgee
    07-06 04:55 PM
    I think even fake flowers would do...given what we all have to go thru...guys send these and save few dollars :p

    Those are FAKE flowers!!!

    Send real ones!!





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  • kshitijnt
    05-01 09:41 PM
    Even I got a lot of red dots on this post.

    Please give me some green now :)





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  • GCStatus
    09-16 06:07 PM
    Nothing really matters as of now, what does matter is this

    http://immigrationvoice.org/forum/showthread.php?t=21393

    So Please Call

    Tell us to call, DONT TELL its doesnt matter





    reedandbamboo
    09-13 11:38 PM
    I share your concerns .. please join us in first trying the non-legal way .. we have a letter composed and we are going to send it out on monday .. check out the thread "Lets get organized"





    senthil
    04-21 04:48 PM
    Mehul - No worry as our prayers are with you. there are somethings beyond our control. only prayers can help.

    I'am pretty sure you will be alright. enjoy life's every moment.



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