gene-O
10-20 05:27 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
logiclife
04-06 01:28 AM
As of 10:25 PM PST wednesday, here is where the Senate stands:
1. Bill Frist has proposed a 3-tier solution for 11 million undocumented immigrants.
Tier 1:
Illegals who have been here 5+ years can apply for guestworker program and GC(later) without returning home. Plus the usual - fines, back-taxes, english learning, apologizing to Uncle Sam (ok, I made the last one up ;))
Tier 2:
Illegals who have been here between 2-5 years have to go to port-of-entry to get guest-worker visa and then re-enter and eventually apply for GC.
Tier 3:
Illegals who have been here for less than 2 years have to go back to home country and apply for guest-worker visa (Back to the end of the line). In other words, deportation.
Bill Frist worked this compromise arrangement for the undocumented. Main players behind the scenes are supposed to be Chuck Hagel, Mel Martinez, John McCain and Lindsey Graham on this 3-tier approach of compromise bill.
2. Parliamentary Procedures:
Frist:
Bill Frist went to the Senate floor Wednesday night (around 9:30 PM EST) with a parliamentary motion to send the compromise to the Judiciary Committee for ratification, then scheduled a vote for Friday to cut off debate on that motion.
Reid
Harry Reid has filed a motion to invoke cloture, scheduled for 10:30 AM EST on Thursday. If the cloture succeeds then the debate on SJC version of the bill will be over and a final vote will follow. The SJC bill goes pretty much as-is to a final vote where a simple majority(51 votes) will be enough for it to pass the Senate.
3. The analysis:
The whole thing started when Kyl proposed an amendment to exclude illegals who had felonies to gaining permenant residency or citizenship. That would exclude hundred of thousands who had deportation orders pending or who had been deported by again re-entered.
Democrats, afraid that the original intent of SJC version - mainly to bring people out of shadows will fail if republicans keep chipping away at the provisions with amendments like Kyl's amendment.
So Reid, in a high-risk game, filed a motion for cloture. He probably has 38-40 Democrats on his side plus around 18 republicans. However, nothing is guaranteed. Most of media articles say that his motion will fail. In a rare chance that he succeeds, he will have the "Bargaining power" because of 60 senators' support for him and the SJC version and he will have a lot of fun at the expense of Kyl/Cronyn/Sessions etc. This is highly unusual. Cloture is usually filed by the majority party that wants the minority to shut up and force an up-or-down vote. In this case, THE MINORITY leader has filed a motion for cloture. A total reversal of roles.
4. Our Interest
First of all, from view-point of immigration voice, we would ideally want Reid's cloture to fail, Bill Frists' latest compromise to get ratified in SJC, come back to floor for debates and amendments and succeed on Friday. Dems and Republicans "Kiss and make-up" and everyone gets something. Here's why: If the motion of Reid succeeds, the scope of getting it changed for 485 filing and removing hard-cap gets smaller as SJC version will be popular with 60-plus senators and Reid would be unwilling to play with delicate balance. On the other side, if Dems fail, then Frist's bill would be open for debates and amendments, making it possible to get provisions to make OUR lives better.
However, on the flip side, if Reid fails then whatever Frist brings to table will have almost no support of Dems. Then he too risks getting filibustered when HE files for cloture on his 3-tier version. He wont have 60 votes of his own to beat fillibuster because Dems would oppose him for being tough on illegals and Republicans like Cornyn-Kyl-Sessions etc would also oppose him because the 3-tier version would still have traces of Amnesty and its "Loose" on illegals.
5. What's Happening Wednesday night:
Harry Reid has promised he will be up all night in his PJs and review Frist's 3-tier solution. Cookes and milk are on the way from IV to him for some midnight reading. But he makes no promises. Cornyn and Kyl are still unhappy as 3-tier bill still smells of amnesty. McCain is angry at Reid and will support his party's stand and oppose Reid's motion for cloture. (edited)
Harry Reid
http://www.grassrootspa.com/uploaded_images/HarryRedi44333-734905.jpg
Bill Frist
http://skaroff.com/blog/wp-content/photos/images389071_Frist.jpg
1. Bill Frist has proposed a 3-tier solution for 11 million undocumented immigrants.
Tier 1:
Illegals who have been here 5+ years can apply for guestworker program and GC(later) without returning home. Plus the usual - fines, back-taxes, english learning, apologizing to Uncle Sam (ok, I made the last one up ;))
Tier 2:
Illegals who have been here between 2-5 years have to go to port-of-entry to get guest-worker visa and then re-enter and eventually apply for GC.
Tier 3:
Illegals who have been here for less than 2 years have to go back to home country and apply for guest-worker visa (Back to the end of the line). In other words, deportation.
Bill Frist worked this compromise arrangement for the undocumented. Main players behind the scenes are supposed to be Chuck Hagel, Mel Martinez, John McCain and Lindsey Graham on this 3-tier approach of compromise bill.
2. Parliamentary Procedures:
Frist:
Bill Frist went to the Senate floor Wednesday night (around 9:30 PM EST) with a parliamentary motion to send the compromise to the Judiciary Committee for ratification, then scheduled a vote for Friday to cut off debate on that motion.
Reid
Harry Reid has filed a motion to invoke cloture, scheduled for 10:30 AM EST on Thursday. If the cloture succeeds then the debate on SJC version of the bill will be over and a final vote will follow. The SJC bill goes pretty much as-is to a final vote where a simple majority(51 votes) will be enough for it to pass the Senate.
3. The analysis:
The whole thing started when Kyl proposed an amendment to exclude illegals who had felonies to gaining permenant residency or citizenship. That would exclude hundred of thousands who had deportation orders pending or who had been deported by again re-entered.
Democrats, afraid that the original intent of SJC version - mainly to bring people out of shadows will fail if republicans keep chipping away at the provisions with amendments like Kyl's amendment.
So Reid, in a high-risk game, filed a motion for cloture. He probably has 38-40 Democrats on his side plus around 18 republicans. However, nothing is guaranteed. Most of media articles say that his motion will fail. In a rare chance that he succeeds, he will have the "Bargaining power" because of 60 senators' support for him and the SJC version and he will have a lot of fun at the expense of Kyl/Cronyn/Sessions etc. This is highly unusual. Cloture is usually filed by the majority party that wants the minority to shut up and force an up-or-down vote. In this case, THE MINORITY leader has filed a motion for cloture. A total reversal of roles.
4. Our Interest
First of all, from view-point of immigration voice, we would ideally want Reid's cloture to fail, Bill Frists' latest compromise to get ratified in SJC, come back to floor for debates and amendments and succeed on Friday. Dems and Republicans "Kiss and make-up" and everyone gets something. Here's why: If the motion of Reid succeeds, the scope of getting it changed for 485 filing and removing hard-cap gets smaller as SJC version will be popular with 60-plus senators and Reid would be unwilling to play with delicate balance. On the other side, if Dems fail, then Frist's bill would be open for debates and amendments, making it possible to get provisions to make OUR lives better.
However, on the flip side, if Reid fails then whatever Frist brings to table will have almost no support of Dems. Then he too risks getting filibustered when HE files for cloture on his 3-tier version. He wont have 60 votes of his own to beat fillibuster because Dems would oppose him for being tough on illegals and Republicans like Cornyn-Kyl-Sessions etc would also oppose him because the 3-tier version would still have traces of Amnesty and its "Loose" on illegals.
5. What's Happening Wednesday night:
Harry Reid has promised he will be up all night in his PJs and review Frist's 3-tier solution. Cookes and milk are on the way from IV to him for some midnight reading. But he makes no promises. Cornyn and Kyl are still unhappy as 3-tier bill still smells of amnesty. McCain is angry at Reid and will support his party's stand and oppose Reid's motion for cloture. (edited)
Harry Reid
http://www.grassrootspa.com/uploaded_images/HarryRedi44333-734905.jpg
Bill Frist
http://skaroff.com/blog/wp-content/photos/images389071_Frist.jpg
waitin_toolong
08-14 06:11 AM
Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
nozerd
02-24 12:20 PM
pitha,
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
more...
wellwisher02
03-27 03:39 PM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
Agreed! Let's think positive that it will move forward.
Agreed! Let's think positive that it will move forward.
rajenk
11-27 12:43 PM
Currently there is no way you can substitute a labor certification. Your post saying "Now the consulting firm is saying that they have substituted a labor for him" could you be more specific what "Substitution" means in this context?
I am forewarning not to get cheated!
Thanks
Raj
I am forewarning not to get cheated!
Thanks
Raj
more...
ufo2002
09-05 06:12 PM
Dems getting the house and improve our situation? Doubt it.
Does anyone remember what Ted Kennedy said about us legal migrants?
He said we don't have the same issues with the illegals regarding coming into
this country.
And what about Diane Feinstein? She's pro-agriculture and anti-IT.
Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
Reps: "We got a really bad idea!"
Dems: "We can make it sh*ttier!"
Does anyone remember what Ted Kennedy said about us legal migrants?
He said we don't have the same issues with the illegals regarding coming into
this country.
And what about Diane Feinstein? She's pro-agriculture and anti-IT.
Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
Reps: "We got a really bad idea!"
Dems: "We can make it sh*ttier!"
tnite
07-26 03:11 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
more...
rameshvaid
05-27 10:22 AM
I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.
Thanks Bfaldia for sharing the info..
RV
Thanks Bfaldia for sharing the info..
RV
sanz
12-21 04:40 PM
Good to know someone at least thought about our poor souls
http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”
One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”
One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
more...
gemini23
07-27 10:23 AM
thanks for answering. I guess this is a stupid question, but i have one.
would the applicant need to have a job while applying for EAD renewal?
would the applicant need to have a job while applying for EAD renewal?
TomPlate
12-12 03:56 PM
I am there file in July 2007.
more...
satyasrd
06-01 09:31 AM
I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
TheColonial
04-27 01:35 AM
SDL is not really that confusing at all.
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
And he will have to learn it at one time or another, and why limit a program to one OS.
He will? Why?
DirectX/OpenGL can be used in a windowed environment
Again, that's got nothing to do with the desire to learn Win32.
so even if you just want to do Win32 stuff DirectX can enhance it.
And so can using the WPF in .NET, but how does that help with learning Win32?
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
And he will have to learn it at one time or another, and why limit a program to one OS.
He will? Why?
DirectX/OpenGL can be used in a windowed environment
Again, that's got nothing to do with the desire to learn Win32.
so even if you just want to do Win32 stuff DirectX can enhance it.
And so can using the WPF in .NET, but how does that help with learning Win32?
more...
Rb_newsletter
07-15 10:29 PM
One time IO entered my visa type wrongly. Instead of L1-b he wrote H1-b on the I-94. I pointed out his mistake saying "My visa is L1-b. Shouldn't that be L1-b on I-94". He asked me "what visa are you in?". I repeated L1-b. He was angry and said in a raised voice "You should know what visa are you in. You should know". First place he didn't ask me what visa I was in and he made the mistake and jumped on me.
Baseline is IO can make mistakes but we are the one to be affected by that. So make sure your visa type, EAC #, and all other info on I-94 are correct before leaving the counter at POE.
Baseline is IO can make mistakes but we are the one to be affected by that. So make sure your visa type, EAC #, and all other info on I-94 are correct before leaving the counter at POE.
raamskl
10-04 08:30 PM
Thanks for sharing.
more...
krishmunn
11-24 01:27 PM
Go for SBI Global link ... best exchange rate and cheapest. They take 4 business days though. I never had any problem sending to any bank in India through SBI Global link. You (or your parents) do nto need an SBI Account to use this
Alabaman
05-21 08:11 AM
they did all these on the road? Laptop? Phones? Throw more light
nonimmigrant
03-31 06:16 PM
Congratulations. Enjoy your freedom.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
rayen
05-19 12:36 PM
You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
spgtopper
05-24 01:34 PM
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
Keep it up!
S.
