desi3933
07-26 08:08 AM
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
wallpaper Images of Cupid and Psyche
gauravster
01-16 01:41 PM
Guys, looks like a lot of people are voting against H1B visas as well. I think since most of us are here on these visas, we should support these visas as well.
Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.
I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.
On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).
Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.
I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.
On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).
vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
2011 amor und psyche.
vivache
10-04 03:21 PM
Question.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
more...
sujith1
07-12 03:34 PM
Very useful - Now I have the receipt number - Let us see if its 2 yr or 1
mambarg
07-20 01:53 PM
The only reason I see the lawyer not applying with enotice, could be he was very busy.
Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.
Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.
Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.
I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
But it should return by Aug 17th . So still there is some time to act.
If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.
Sad that 485 receipt is not emailed ? like 140 e-notice.
Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.
Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.
Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.
I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
But it should return by Aug 17th . So still there is some time to act.
If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.
Sad that 485 receipt is not emailed ? like 140 e-notice.
more...
ashrock11
01-11 07:16 AM
Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.
Say if the PD is current, what is the process to file papers for the second wife.?
And as mentioned above is it necessary to inform USCIS about divorce. If yes, how?
Thanks
Say if the PD is current, what is the process to file papers for the second wife.?
And as mentioned above is it necessary to inform USCIS about divorce. If yes, how?
Thanks
2010 baudry paul cupid and psyche
raj131982
04-13 01:03 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
more...
shishya
04-30 11:13 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
hair Cupid and Psyche contemplating
Steven-T
February 12th, 2004, 09:55 AM
Am I the only one who thinks it would be sheer genius if Kodak was to license the Canon mount? Imagine if they offered both Nikon and Canon mounts (even better - an interchangeable mount plate so you could have it both ways on one body)!
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
more...
chanduv23
05-30 11:12 AM
They will change the text on house bill appropriately if they decide on points system and get support.
hot Amor and Psyche, 1907
sidd_k2002
02-10 05:10 PM
Hello All,
I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
Now i want to call my parents on a Vistors B category visa for my graduation.
I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.
1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?
Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
Thanks in advance
I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
Now i want to call my parents on a Vistors B category visa for my graduation.
I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.
1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?
Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
Thanks in advance
more...
house Amor et psyche, Antonio Canova
sundarpn
07-17 07:32 PM
In the same boat...
if the principal files 485 now and then gets married say 2-3 months later when the dates are NOT current, can a dependent 485 be filed for the spouse so that she can get EAD?
I was told that even in the case of a dependent 485 filing, the dates have to be current for the application to be accepted :(
On related lines, if the principal application gets EAD and after 6 months moves to a new job based on EAD, and then he gets married, can he bring his spouse on H4? I think the answer is NO.
if the principal files 485 now and then gets married say 2-3 months later when the dates are NOT current, can a dependent 485 be filed for the spouse so that she can get EAD?
I was told that even in the case of a dependent 485 filing, the dates have to be current for the application to be accepted :(
On related lines, if the principal application gets EAD and after 6 months moves to a new job based on EAD, and then he gets married, can he bring his spouse on H4? I think the answer is NO.
tattoo amor and psyche.
munnu77
06-11 08:43 AM
Wht do u mean..partially?
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pictures Amor et Psyche
jay75
08-07 01:34 AM
Received 2 year EAD, with pending I140(EB3 I).
dresses amor und psyche. zu Amor und
txuser
05-06 11:22 PM
Following are the documents I attached while applying for L2.
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
more...
makeup model for Cupid and Psyche
kaisersose
03-19 02:58 PM
There are several instances when a denial notice was sent, but the website continued to show the status as pending.
So if a denial letter has been received, then the website status means nothing.
So if a denial letter has been received, then the website status means nothing.
girlfriend Cupid and Psyche
newuser
10-05 10:50 AM
Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.
Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.
Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.
hairstyles amor und psyche.
kartikiran
01-14 10:48 AM
Mine was Renewal
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.
webm
05-05 04:34 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
I am in the same boat as yours...Waiting continues..
NOTE:Pls change the title...click on Edit/Go Advanced button and change it.
------------------
EB3-I Oct,2001
485 RD-June,2007
I am in the same boat as yours...Waiting continues..
NOTE:Pls change the title...click on Edit/Go Advanced button and change it.
------------------
EB3-I Oct,2001
485 RD-June,2007
