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  • Jaime
    02-02 12:47 AM
    Guys:

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:

    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
    `ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)

    Link

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???





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  • sys_manus
    04-07 01:58 PM
    What makes you think skilled computer "operators" come only from reputed US universities???

    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.





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  • rajuram
    05-06 11:17 PM
    I am a jul 2007 filer, EB3 India, Priority Date 4/2002.

    Around 10 days ago, I got a soft lud for the first time on my 485!!! Since my PD is not current, why would LUD change? Does it mean that they are looking at it?





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  • jsb
    03-25 03:53 PM
    Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).

    My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.

    "contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.



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  • lost_in_migration
    05-14 09:34 PM
    /\/\





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  • freddy22
    07-20 07:24 AM
    my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?



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  • justAnotherFile
    07-12 11:00 AM
    .. I think this is an excellent way to carry forward the Gandhigiri campaign.
    We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

    We should also send a sample of the letter to news outlets.

    This will help keep this issue in the limelight. Any takers??





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  • panini
    03-15 01:24 PM
    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!



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  • mrshah
    09-19 12:25 PM
    We sent our I 485 on July 4th.......got receipt of it yesterday. My husband is on H1 and I am on F1. Husband's receipt says "Adjustment as direct beneficiary of immigrant petetion" and mine says " Derivative adjustments"........
    Also what does receipt notice means????


    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.





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  • sintax321
    09-04 03:32 PM
    You are right that picture explains everything=)



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  • aj130346
    03-15 08:29 PM
    My comany is filing a second LC under PERM for a substantially different job position and job location.

    My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India

    The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??

    Thanks for your responses





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  • imv116
    06-06 05:26 PM
    Hi,

    I have some questions in regard to using AC21.

    Using AC21, what are the risks involved with I140, provided it is:
    1. Already approved and more than 180 days after filling I485?
    2. New job/position is “same or similar” as mentioned in I140?

    Situation:
    1. Employer wants to revoke the I140 or in way threatens
    2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.

    Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?

    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    http://www.murthy.com/news/UDportme.html

    Please give your suggestions

    Thanks All,
    IMV116



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  • GCBy3000
    05-03 09:17 PM
    This looks pretty high. The total count for 2004 & 2005 is 140K for India. Already the backlog center is having 300K applications out of which some 40%(guess) would be for India.





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  • monikainusa
    03-20 11:07 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help



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  • solaris27
    04-20 02:41 PM
    6 months





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  • GCAmigo
    12-21 08:20 PM
    Not so important - W2 statements for the years in the US as well as tax returns.
    was the only Document they saked me to show @ Chennai Consulate in Jun'06..



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  • cram
    08-23 09:55 PM
    bumping^^^^^





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  • mhtanim
    12-12 08:48 PM
    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.

    When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.

    As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.





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  • NikNikon
    November 14th, 2007, 01:47 PM
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    randomdude
    12-07 12:01 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance



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