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InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
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pcs
11-11 08:59 AM
Great job Bud.... Use local forums to spread the message...
qisolu917o
03-22 10:05 PM
to be severe with oneself and lenient with others.As for me, all I knew was that he was good to me and had a big brown and black German shepherd, Susie, that he brought to play with me. Susie was a big part of my childhood, and started my lifelong love affair with dogs.Mother and Roger got married in Hot Springs, in June 1950, shortly after her twenty-seventh birthday. Only Gabe and Virginia Crawford were there. Then Mother and I left her parents home and moved with my new stepfather, Come and buy world of warcraft power leveling (http://www.u4game.com/Wow_Power_Leveling.html), cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! whom I soon began to call Daddy, into a little white wooden house on the south end of town at 321 Thirteenth Street at the corner of Walker Street. Not long afterward, I started calling myself Billy Clinton.My new world was exciting to me. Next door were Ned and Alice Williams. Mr. Ned was a retired railroad worker who built a workshop behind his house filled with a large sophisticated model electric-train setup. Back then every little kid wanted a Lionel train set. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) Daddy got me one and we used to play with it together, but nothing could compare to Mr. Neds large intricate tracks and beautiful fast trains. I spent hours there. It was like having my own Disneyland next door.
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whitecollarslave
03-20 08:38 PM
Why you wanna get arrested :D
Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?
Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?
more...
jasmin45
08-06 10:23 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
msyedy
12-13 12:06 PM
You can legall to work.. I don't know why people want to scare.
more...
sp0
09-26 05:46 PM
My friend will join the forum and write his questions in this context directly. I did pass him the link pathmaker gave.
Thanks again for all the help.
Thanks again for all the help.
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uma001
11-16 04:57 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
more...
martinvisalaw
01-11 02:31 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
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pappu
05-27 02:52 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
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USDream2Dust
06-14 09:53 AM
We have excellent scores and me and my wife would be both on mortgage.
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GSB
08-21 08:48 AM
PD Dec 05.
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gcdreamer05
01-03 09:32 AM
Folks the solution is simple,
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
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bubbynv
07-17 06:20 PM
And Good luck to one and all!!! :)
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meridiani.planum
12-31 01:03 AM
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
I am about to ask my lawyer also for a quote on this. Does that 2k include your dependents also? (Also, I am assuming its for everything, including MTRs, RFEs, Appeals, help with contacting senators if needed etc. that is right?). Does it also including filing for APs and EADs, or would those be all extra (USCIS fees would ofcourse be separate)
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
I am about to ask my lawyer also for a quote on this. Does that 2k include your dependents also? (Also, I am assuming its for everything, including MTRs, RFEs, Appeals, help with contacting senators if needed etc. that is right?). Does it also including filing for APs and EADs, or would those be all extra (USCIS fees would ofcourse be separate)
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jsb
12-02 10:41 AM
I am in the same boat ... albeit little behind you...
My PD is also Aug 2005 (EB2).
My ND is Sept. 17, 2007 and RD is Aug 7, 2007.
Hopefully someone picks up my file from the dungeon and at least remembers me... :)
I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!
Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).
My PD is also Aug 2005 (EB2).
My ND is Sept. 17, 2007 and RD is Aug 7, 2007.
Hopefully someone picks up my file from the dungeon and at least remembers me... :)
I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!
Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).
more...
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theoyilma
09-10 03:03 PM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
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wandmaker
11-27 08:06 AM
ultimate_champ: If your receipt notice's "receipt date" has August 03, 2007 then you can avail AC21 after 180 days from that date. I guess, your attorney is trying to play it safe or playing with you.
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god_bless_you
06-14 09:14 PM
From Today's Lou Dobb's....
Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
Here's the problem...
SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.
What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.
REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.
So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.
SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.
(END VIDEOTAPE)
SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.
PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.
Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?
(BEGIN VIDEOTAPE)
SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.
PILGRIM: What does that say about the value of this bill, sir?
SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.
PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.
SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.
We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.
PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?
SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.
PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?
SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.
PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.
Tonight, congressional leaders are unable to break a deadlock and begin work on an immigration reform compromise. A provision in the Constitution could kill the Senate immigration bill and chances for immigration reform this year.
LOUISE SCHIAVONE, CNN CORRESPONDENT (voice-over): It could be a real procedural holdup or just a good excuse. But for now, immigration legislation is stalled on what could be the road to nowhere.
Here's the problem...
SEN. JEFF SESSIONS (R), ALABAMA: A notice has been served on the Senate that a blue slip will be filed, which, in effect, says they will not consider the bill in the House because it has a revenue enhancement in it, a tax provision in it.
SCHIAVONE: A blue slip is like a legislative traffic ticket. A blue slip would be slapped on the Senate bill because, besides a guest worker program, a wall at the border, punishment for employers who hire illegals, and so on, the measure includes tax provisions, including one requiring illegal aliens to pay back taxes and another making U.S. workers overseas pay more taxes than they do now.
What's wrong with that? The Constitution says tax laws start in the House, not in the Senate. The same way, for example, that it's the Senate, not the House that confirms judges and cabinet secretaries.
REP. TOM TANCREDO (R), COLORADO: If they shot the Senate bill over here, it would be shot down in about a heartbeat simply because, for one thing, no revenue-raising bill can originate in the Senate. There's a constitutional problem.
So it can be stopped. I mean, they can try it. Have them send it. That's fine with me, because that's the end of it.
SCHIAVONE: Senate Majority Leader Bill Frist suggests tacking the immigration bill on to a benign House tax bill that's been on the Senate docket so that it has a House bill designation. But Senate Democratic Leader Harry Reid wants assurances that no other legislation will hitch a ride on that train. Senator Frist's office says he has offered those assurances.
(END VIDEOTAPE)
SCHIAVONE: And Kitty, it gets even more complicated than that. Congressman Tancredo says that lawmakers on both sides of the Capitol went home for Memorial Day and heard lots of protests about that Senate immigration bill and the eventual amnesty it offers, leaving some on Capitol Hill to wonder if in this election year it might just be better to let the clock run out on this session of Congress and start fresh next year -- Kitty.
PHILLIPS: Interesting stuff. Thanks very much. America's opinions on illegal immigration and border security should affect the legislation Congress adopts and the one that President Bush signs. In his news conference this morning, however, President Bush explained the crucial role of public opinion in a democracy.
Senator Jeff Sessions says the Senate ignored the will of the people in passing an amnesty bill for illegal aliens that would cost taxpayers tens of billions each year. A CBO report Sessions commissions says that the bill will also do nothing to stop illegal aliens entering this country. I asked Senator Sessions what the purpose of the Senate immigration bill is, if not to stop the flow of illegal aliens?
(BEGIN VIDEOTAPE)
SEN. JEFF SESSIONS (R), ALABAMA: That was the purpose, but the CBO numbers are based on the Senate bill. And they say, in a fact, there's no change in illegal immigration for 10 years. It would be 700,000 to 900,000 a year. If anything, that's certainly no less and maybe more than the current rate. So it really belies the argument that this bill is going to make any progress on enforcement. It certainly does not appear to.
PILGRIM: What does that say about the value of this bill, sir?
SESSIONS: Well I think it again is another indication that it is unacceptable, that it's terribly flawed, should never become law and will not do what it promises. It promises to enforce the border. And that's proven to be false. I think I've already said that, but the CBO confirmed it. Workplace enforcement is not there. And the future flow plans to allow millions coming in in the future at a much higher rate are just unprincipled and not valuable, not good for the United States. So we definitely need to review this legislation.
PILGRIM: House Speaker Dennis Hastert has said that he wants to take a long look at this bill and potentially hold hearings. Do you think hearings are appropriate? They're certainly not normal.
SESSIONS: No, they're not normal. But you know, the House has none of this so-called comprehensive approach to immigration. Theirs was focused primarily on enforcement. And so if they're going to consider the comprehensive bill at all, they absolutely should study it. We never had enough hearings in the Senate. This bill just basically came up and moved through with very few hearings directly related to the gray issues on immigration.
We just didn't discuss the real important issues in any significant way. For example, we've never considered whether or not we ought to adopt what Canada does, and that is to have a point system. Why haven't we even discussed that? It seems to me it makes an awful lot of sense.
PILGRIM: All right, you know, could this immigration reform bill be hammered out behind closed doors with the congressional leadership? Do you see it going that way?
SESSIONS: Well, that's a very dangerous thing. The American people's confidence in the government on a question of immigration is very low. They're very cynical. And if anyone thinks they can hammer out a bill and then ram it through without the American people being alerted, I think they're in for big trouble and just further erode public confidence in what we're doing.
PILGRIM: The Senate -- procedurally the Senate bill has to be attached to a House bill to avoid a constitutional issue. Would you support a unanimous consent to send to it the House?
SESSIONS: You know, I haven't made a decision about that. My personal view is we need to discuss this bill more. No one senator can block a bill from being considered, but can provide an opportunity for more debate. So we'll be looking at that.
PILGRIM: And timetable-wise, if this doesn't get to the House and Senate by August 1st, do you think it will make it at all in this session?
SESSIONS: You know, it may not. Then again, something could happen. But from what I'm hearing from the House, that they're so concerned about the viability of the comprehensive language in the Senate bill, not that they're so against the comprehensive bill, but just that they are uneasy and unaccepting of what we've done, then I think it's got a long way to go to become law, frankly.
RDB
12-21 10:32 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
overseas
08-23 07:14 PM
Hi Andhrawala,
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
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