NKR
02-13 10:26 AM
I was on 5th year
Sorry Shana,
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
Sorry Shana,
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
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rdehar
07-17 10:29 AM
H-1B - Specialty occupation : April 02, 2007
This has not changed in 1 month !!
Nice !!
This has not changed in 1 month !!
Nice !!
WeShallOvercome
08-22 02:29 PM
Abhidos,
I have a feeling the re-file might not work in this case. Just be prepared for the worst.
BTW, are you EB2 or EB3? and which country?
EB2 might have a good chance of begin current in near future.
I have a feeling the re-file might not work in this case. Just be prepared for the worst.
BTW, are you EB2 or EB3? and which country?
EB2 might have a good chance of begin current in near future.
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=VALOR=
02-04 03:43 PM
Ehmmmmmmm ..............:whistle:
True. Sorry.
True. Sorry.
more...
GC_dd
10-28 02:25 AM
if there is demand for some skill it will be given 50 times the salary of others.. if somebody wants to migrate he will find ways.. now being IT worker is best way to migrate to developed countries. He is trying to set expectation right but in wane.. people will go where they get best value for their time.
suhanya
08-15 04:47 PM
my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel
I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.
by the way, what is your PD?
hope this helps.
My priority date is Feb 28 2005
I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.
by the way, what is your PD?
hope this helps.
My priority date is Feb 28 2005
more...
InTheMoment
08-15 04:04 PM
In the letter from the new employer include the following (start date, title, job description, salary and position type):
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
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hebron
08-20 10:20 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
more...
shreekhand
10-28 09:13 AM
Yes... benchmarking is good (in many things as you suggest quality, corruption, infrastructure etc.)... but absolutely not in everything as you suggest, some things just aren't comparable given some micro-economic conditions. Further, doing so would also encourage the mindset of aping the developed countries in every department. Remember the India that we see has gone through hundreds of social and economic cycles over thousands of years. It is not a nation that came to being a few hundred years ago and was a developed country (in current terms) many times in the past.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
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qualified_trash
12-13 04:05 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
more...
Libra
07-06 05:15 PM
All -ve thinking and -ve posts guys one more victim is waiting for your stinking comments go ahead and enjoy by discouraging others
http://immigrationvoice.org/forum/showthread.php?t=6156
http://immigrationvoice.org/forum/showthread.php?t=6156
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mheggade
12-28 01:21 PM
I wish good luck to all of July 2nd filers (including me) who plan to opt for AC21(freedom).
:cool:
:cool:
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mirage
03-11 04:35 PM
No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial.."non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
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raju123
07-06 02:49 PM
This is the great break through so far as long as media attention is concern. NBC nightly news is very popular news. I always watch NBC news.
Thanks to Dr. Murtaza Bahrainwala.
Thanks to Dr. Murtaza Bahrainwala.
more...
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kurtz_wolfgang
08-15 12:29 PM
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
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keepon
07-15 09:05 PM
also I want to know, could I only apply for AP, or should I apply EAD AND AP together?
more...
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natrajs
09-02 11:01 AM
It is not true that Many people have to wait 10+ years to get gc. May be some people might wait for 10 years because of frequent change of jobs , layoffs and also ignorance of green card processing. Most of the time EB2 waiting time is 2 to 3 years. Indian EB3 is in worst situation but only for past 2 years and before that everything was current. For that also most waiting persons filed I 485 because of July VB issue. In my opinion EB3 PD will be backdated up to 5 years.
Also there is no legistrative activity in Congress about any immigration issue. Always skil bill comes in limelight when congress is in Session. But everyone knows that skil bill is asking too much in H1b and immigration numbers because of exemptions and it will be very difficult task. But no one in pro immigrant community is ready to compromise on numbers. When Congress tries to curb the abuse of H1b even pro immigrants are opposing the bills without any suggestion of any alternatives. If some bill comes for only GC that too moderate increase in numbers that will have bright chance of passing in congress.
You should not expect any rally will produce meaningful reform. It has to be proved that additional immigrant and H1b numbers will produce more jobs and it should not create unemployment in americans.Just sufferings of gc waiters is not enough. My opinion is Rally will be used to show strength of IV and may educate public and Congress. But anti immigrants also doing Similar Campaign(not big rallies) by negative points of immigration. The same congress till the end of 2008 and I doubt they will consider any immigration issue till new congress comes in 2009 that is not too far from now. But it is always good to try all the time.
Before any reform comes most IV members may get GC.
Dear Friend
It�s not about GC for the IV's member or for the core Team, It�s a momentum and we want to keep it going and fight for it
Many people has switched the job because of many factors they have faced during their employment and are forced to start all over again to get the GC, It is not ignorance on their part, it is manly because of the broken GC process.
Whether we can able to make the Congress and Senate work on CIR during this fall or on 2009 is irrelevant.
But we can make huge impact on their mind that they have to address this issue, they can not simply ignore us
Just think about that if our fore fathers (freedom fighters of any country) thought about immediate results then they wouldn�t fight for it and get the independence.
In an old say that a person who plant a tree will not get the fruit of it and but he/she did it for the future generations.
So please participate and get this momentum going
Also there is no legistrative activity in Congress about any immigration issue. Always skil bill comes in limelight when congress is in Session. But everyone knows that skil bill is asking too much in H1b and immigration numbers because of exemptions and it will be very difficult task. But no one in pro immigrant community is ready to compromise on numbers. When Congress tries to curb the abuse of H1b even pro immigrants are opposing the bills without any suggestion of any alternatives. If some bill comes for only GC that too moderate increase in numbers that will have bright chance of passing in congress.
You should not expect any rally will produce meaningful reform. It has to be proved that additional immigrant and H1b numbers will produce more jobs and it should not create unemployment in americans.Just sufferings of gc waiters is not enough. My opinion is Rally will be used to show strength of IV and may educate public and Congress. But anti immigrants also doing Similar Campaign(not big rallies) by negative points of immigration. The same congress till the end of 2008 and I doubt they will consider any immigration issue till new congress comes in 2009 that is not too far from now. But it is always good to try all the time.
Before any reform comes most IV members may get GC.
Dear Friend
It�s not about GC for the IV's member or for the core Team, It�s a momentum and we want to keep it going and fight for it
Many people has switched the job because of many factors they have faced during their employment and are forced to start all over again to get the GC, It is not ignorance on their part, it is manly because of the broken GC process.
Whether we can able to make the Congress and Senate work on CIR during this fall or on 2009 is irrelevant.
But we can make huge impact on their mind that they have to address this issue, they can not simply ignore us
Just think about that if our fore fathers (freedom fighters of any country) thought about immediate results then they wouldn�t fight for it and get the independence.
In an old say that a person who plant a tree will not get the fruit of it and but he/she did it for the future generations.
So please participate and get this momentum going
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UNFLUX
02-03 01:16 AM
the trend continues...
soul and eilsoe were my favs as well. But, [sigh] I had to decide
of course. And I did, bravely and valiantly.
Nice work everyone!
/unflux
:goatee:
soul and eilsoe were my favs as well. But, [sigh] I had to decide
of course. And I did, bravely and valiantly.
Nice work everyone!
/unflux
:goatee:
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leoindiano
08-07 03:22 PM
PD : Nov 2004
RD : July 25 2007
140 Approval : Oct 2006
Anil, Your receipt number start with EAC****?
RD : July 25 2007
140 Approval : Oct 2006
Anil, Your receipt number start with EAC****?
Carlau
01-10 10:05 PM
I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:
If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?
This is the parragraph:
"... (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.
If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?
This is the parragraph:
"... (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.
grupak
08-07 07:10 PM
Finally, its easy to say this, but really hard to follow - don't discuss this to your fiance(e) before wedding about the complexity of the situation, unless she is very understanding and can take it without a panic. Most of all, take it easy, relax and enjoy your wedding.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
