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  • Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhrKO4_YGKlic7xqu5RYbsKakFt35IH-gg6_Jsi0N_aiL_P0qLGIp-MBtyJzxWMDxHv2WiZK2DABudAE0wofgSWjBuAOb2rAyXyDlltd5LmiztLhfppR6vcaY7tb-RYgSjuMUoA2T27I2U/s320/Wilson+Liar.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhrKO4_YGKlic7xqu5RYbsKakFt35IH-gg6_Jsi0N_aiL_P0qLGIp-MBtyJzxWMDxHv2WiZK2DABudAE0wofgSWjBuAOb2rAyXyDlltd5LmiztLhfppR6vcaY7tb-RYgSjuMUoA2T27I2U/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.

    After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.

    Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:

    False: Illegal Immigrants Will Be Covered. One Republican congressman issued
    a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:

    H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.

    Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.


    I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.



    Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.




    Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).





    https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)




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  • immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D




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  • rkumar18
    11-21 11:45 AM
    Well contextually speaking...immigration benefits are for Cubans living in Cuba and for those who are already living here (BTW 75% of the total Cuban population in the US live in Fla so no surprises on the "vote bank" politics here) they are already US citizens.




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  • ilikekilo
    06-07 05:45 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:

    ok veni..stop geeting surprised and pl contribute for your sake



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  • jthomas
    10-17 08:40 PM
    I filled on July 11th no receipt, no check cashed. My lawyer told me, that my lawyer has 50 more candidates waiting to get receipts in month of July.
    I think there are many waiting for receipt. Take it easy.




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  • purgan
    02-11 10:39 PM
    I signed as well.

    I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.


    I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.



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  • sathyaraj
    11-01 10:45 PM
    Let us assume that we have totally 70,000 Nurses pending now.

    a. PD <= 2006 is 10000
    b. PD > 2006 is 60000

    This would not help much of ppl waiting in EB3 with PD earlier than Nov 2006 bcoz it takes only 10,000 of their queue. But it really helps the ppl with PD > 2006.

    Also it depends on whether 7% country limit is applicable. It would help RoW better than retrogressed countries.

    In either case, it is a win-win situation for EB3 India 61,000 * .07 = 4270. Still it is worth of about 1 yr worth of EB3 visas for retrogressed countries.

    Any thoughts or corrections?

    Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05




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  • whiteStallion
    10-17 11:52 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?

    If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.

    If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.



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  • glus
    12-18 01:05 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....




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  • milind70
    04-01 05:58 PM
    Folks,
    I checked my status online today (4/1/2008) and this is what it says:

    "On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

    I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

    My Situation:

    PD - Feb-2005
    Labor - Approved
    I-140 - Approved

    I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

    I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

    So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

    I am thinking that it might be the FP appointment but I am not sure.


    -Bipin

    I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
    I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
    It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps



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  • BharatPremi
    07-18 04:31 PM
    THE TRUE answer seems to be "Nobody (even USCIS) knows".




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  • number30
    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.



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  • WeShallOvercome
    07-23 04:44 PM
    well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.


    I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)




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  • maddipati1
    04-23 04:55 PM
    i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.

    i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.

    AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.

    my experience with AR-11 was good. but make sure to complete the second step for pending applications.


    I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.

    I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.

    The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.

    Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.

    SoP



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  • NKR
    06-02 10:24 AM
    Kaiser.
    thx for replying . but I do not want both Visa on Oct1.

    My L1 ends sometime in mid September.
    My H1 would be effective only from Oct 1.
    So, during this time I will be out of status right ?

    So if I do my L1 Extension, I might solve the problem.
    But Will doing that affect the approved H1 ?

    Pls. help. thanks.

    It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.




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  • jcrajput
    10-01 11:31 AM
    They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.



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  • ilwaiting
    06-15 03:19 PM
    Thats your A number, Its not the I-94 number. Some people have it some don't. If you have it you need to include it. If you don't it would be assigned once you file you 485

    Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.

    Is this the number which is on my approved I-140 (A099 XXX XXX) ?




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  • LostInGCProcess
    06-17 05:05 PM
    The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
    The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.

    In this case EVL, W2s, and paychecks is enough to prove.




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  • H1B-GC
    09-17 02:42 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.

    Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.




    bsbawa10
    05-10 09:08 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!

    I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.

    Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.




    lostinbeta
    10-16 05:09 PM
    No problem :)



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