Aah_GC
04-25 03:09 PM
I think this is a terrific idea.
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realist
01-07 09:00 AM
In a move certain to escalate the legal tug of war over illegal immigration, state lawmakers from across the country announced Wednesday that they are launching an effort to deny automatic citizenship to the U.S.-born children of undocumented immigrants.
Republicans from Pennsylvania, Arizona, Oklahoma, Georgia, South Carolina and other states said they were taking aim at birthright citizenship by seeking to apply the Constitution's 14th Amendment - which grants citizenship to all children born in the United States - only to children with at least one parent who is a permanent resident or citizen.
Within weeks, several state legislatures are expected to introduce bills that would lay the groundwork for such a reinterpretation of the 14th Amendment, which was passed in the wake of the Civil War in order to confer citizenship on freed African American slaves.
Proponents said their strategy is designed to draw legal challenges and get the issue before the Supreme Court.
Civil rights groups denounced the move and said it was motivated by racism against Latino immigrants. They also said that Supreme Court precedents have made clear for more than a century that the 14th Amendment applies to all children born in the United States, regardless of whether their parents were in the country legally.
About 340,000 children were born in the United States to undocumented immigrants in 2008, according to a study released in August by the Pew Hispanic Center. Thousands of children born to tourists and foreign students also could be denied citizenship if the 14th Amendment were reinterpreted.
The move is the latest example of states testing the boundaries of federal control over immigration. "This country has a malady, and it is costing her citizens dearly," said South Carolina State Sen. Danny Verdin (R). He added that the rise in number of what he called "anchor babies" - children born in the United States to undocumented immigrants - had created a huge problem.
Pennsylvania State Rep. Daryl Metcalfe (R) said that he was planning to introduce legislation within weeks and that legislators in about 40 states, including Virginia, had signed up to learn more about the proposal. Metcalfe said he expected about 20 states to introduce legislation soon, among them Pennsylvania, Arizona, Nebraska, Alabama, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, New Hampshire, Oklahoma, Texas and Utah.
Corey Stewart, chairman of the Prince William County Board of County Supervisors, who has been pushing for Arizona-type legislation in Virginia, said he is disappointed that Virginia is not in the vanguard of the push to end birthright citizenship.
"It has been so difficult to get bold action," he said.
In Maryland, Del. Patrick L. McDonough (R-Baltimore County), the legislature's most outspoken critic of illegal immigration, said it is possible he may introduce birthright legislation. But it is unlikely to advance very far in a state controlled by Democrats.
"It's hard to imagine a more quintessentially anti-American proposal than one that would judge a person by their parents or grandparents or great-grandparents," said Lucas Guttentag, who directs the Immigrant Rights Project at the American Civil Liberties Union. Guttentag said that the ACLU would counter any effort to challenge the 14th Amendment.
Proponents of the new strategy said they would adopt a two-pronged approach. The first is to introduce bills in state legislatures that revive the concept of "state citizenship." Only children with at least one parent who is a U.S. permanent resident or citizen would be granted state citizenship, though it wouldn't prevent the federal government from granting U.S. citizenship to the children of undocumented immigrants.
The second prong of the strategy involves a more direct challenge to the authority of the federal government by using what is known as a state compact to draw a distinction between the children of undocumented immigrants and those of legal permanent residents and U.S. citizens.
A compact is a legal term that describes a measure, passed by states, that requires congressional approval. If Congress approves a state compact, it can become federal law without requiring the signature of the president, said Kris Kobach, professor of law at the University of Missouri at Kansas City and the Kansas secretary of state-elect.
The states involved in the compact would issue different birth certificates to children of permanent residents and U.S. citizens from those of undocumented immigrants, tourists and foreign students. The birth certificates would draw a distinction between those children whose parents are "subject to the jurisdiction of the United States" - a phrase from the 14th Amendment - and other children whose parents are not.
Kobach and other proponents said that because undocumented immigrants are in the country illegally, they are not under the jurisdiction of the United States.
Effectively, states would be throwing down the gauntlet to Congress to deny citizenship to children who do not have at least one parent who is a permanent resident or a citizen.
Walter Dellinger, who was assistant attorney general and acting solicitor general in President Bill Clinton's administration, predicted that the Supreme Court would dismiss the challenge to the 14th Amendment because of past decisions that ruled children born in the United States were citizens.
In 1898, the Supreme Court ruled that children born to Chinese migrants - who were themselves barred by exclusionary racial laws from becoming citizens - were U.S. citizens since they were born on U.S. soil.
The clause in the 14th Amendment that restricted birthright citizenship to those "under the jurisdiction of the United States," he added, merely excluded the children of foreign diplomats from becoming citizens.
Repeated challenges to the 14th Amendment, several civil rights experts said, had questioned the legitimacy of African American, Chinese American and Japanese American citizens. Each time, the challenge was refuted.
"This matter has been raised in every instance in a racial context," Dellinger said. "That's why we wanted a simple rule: Every new girl or boy born in this country is simply, indisputably, an American."
--Washington Post
Republicans from Pennsylvania, Arizona, Oklahoma, Georgia, South Carolina and other states said they were taking aim at birthright citizenship by seeking to apply the Constitution's 14th Amendment - which grants citizenship to all children born in the United States - only to children with at least one parent who is a permanent resident or citizen.
Within weeks, several state legislatures are expected to introduce bills that would lay the groundwork for such a reinterpretation of the 14th Amendment, which was passed in the wake of the Civil War in order to confer citizenship on freed African American slaves.
Proponents said their strategy is designed to draw legal challenges and get the issue before the Supreme Court.
Civil rights groups denounced the move and said it was motivated by racism against Latino immigrants. They also said that Supreme Court precedents have made clear for more than a century that the 14th Amendment applies to all children born in the United States, regardless of whether their parents were in the country legally.
About 340,000 children were born in the United States to undocumented immigrants in 2008, according to a study released in August by the Pew Hispanic Center. Thousands of children born to tourists and foreign students also could be denied citizenship if the 14th Amendment were reinterpreted.
The move is the latest example of states testing the boundaries of federal control over immigration. "This country has a malady, and it is costing her citizens dearly," said South Carolina State Sen. Danny Verdin (R). He added that the rise in number of what he called "anchor babies" - children born in the United States to undocumented immigrants - had created a huge problem.
Pennsylvania State Rep. Daryl Metcalfe (R) said that he was planning to introduce legislation within weeks and that legislators in about 40 states, including Virginia, had signed up to learn more about the proposal. Metcalfe said he expected about 20 states to introduce legislation soon, among them Pennsylvania, Arizona, Nebraska, Alabama, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, New Hampshire, Oklahoma, Texas and Utah.
Corey Stewart, chairman of the Prince William County Board of County Supervisors, who has been pushing for Arizona-type legislation in Virginia, said he is disappointed that Virginia is not in the vanguard of the push to end birthright citizenship.
"It has been so difficult to get bold action," he said.
In Maryland, Del. Patrick L. McDonough (R-Baltimore County), the legislature's most outspoken critic of illegal immigration, said it is possible he may introduce birthright legislation. But it is unlikely to advance very far in a state controlled by Democrats.
"It's hard to imagine a more quintessentially anti-American proposal than one that would judge a person by their parents or grandparents or great-grandparents," said Lucas Guttentag, who directs the Immigrant Rights Project at the American Civil Liberties Union. Guttentag said that the ACLU would counter any effort to challenge the 14th Amendment.
Proponents of the new strategy said they would adopt a two-pronged approach. The first is to introduce bills in state legislatures that revive the concept of "state citizenship." Only children with at least one parent who is a U.S. permanent resident or citizen would be granted state citizenship, though it wouldn't prevent the federal government from granting U.S. citizenship to the children of undocumented immigrants.
The second prong of the strategy involves a more direct challenge to the authority of the federal government by using what is known as a state compact to draw a distinction between the children of undocumented immigrants and those of legal permanent residents and U.S. citizens.
A compact is a legal term that describes a measure, passed by states, that requires congressional approval. If Congress approves a state compact, it can become federal law without requiring the signature of the president, said Kris Kobach, professor of law at the University of Missouri at Kansas City and the Kansas secretary of state-elect.
The states involved in the compact would issue different birth certificates to children of permanent residents and U.S. citizens from those of undocumented immigrants, tourists and foreign students. The birth certificates would draw a distinction between those children whose parents are "subject to the jurisdiction of the United States" - a phrase from the 14th Amendment - and other children whose parents are not.
Kobach and other proponents said that because undocumented immigrants are in the country illegally, they are not under the jurisdiction of the United States.
Effectively, states would be throwing down the gauntlet to Congress to deny citizenship to children who do not have at least one parent who is a permanent resident or a citizen.
Walter Dellinger, who was assistant attorney general and acting solicitor general in President Bill Clinton's administration, predicted that the Supreme Court would dismiss the challenge to the 14th Amendment because of past decisions that ruled children born in the United States were citizens.
In 1898, the Supreme Court ruled that children born to Chinese migrants - who were themselves barred by exclusionary racial laws from becoming citizens - were U.S. citizens since they were born on U.S. soil.
The clause in the 14th Amendment that restricted birthright citizenship to those "under the jurisdiction of the United States," he added, merely excluded the children of foreign diplomats from becoming citizens.
Repeated challenges to the 14th Amendment, several civil rights experts said, had questioned the legitimacy of African American, Chinese American and Japanese American citizens. Each time, the challenge was refuted.
"This matter has been raised in every instance in a racial context," Dellinger said. "That's why we wanted a simple rule: Every new girl or boy born in this country is simply, indisputably, an American."
--Washington Post
newuser
05-23 05:06 PM
Can we hide the user names from displaying who voted?
2011 1177 Comments to “Love Quotes and Sayings”
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werc
01-25 01:40 PM
Bhasky,
Could you give an update on what happened to your EAD(first and last name interchanged). I am in the same situation too.
TIA
Sioux,
I would sit back and wait for the RFE to come and not get paranoid about it. I know it is easier said than done.. but what can you do ??
Since this is for EAD renewal... nothing much can really go wrong... so Do not worry too much about it.
Could you give an update on what happened to your EAD(first and last name interchanged). I am in the same situation too.
TIA
Sioux,
I would sit back and wait for the RFE to come and not get paranoid about it. I know it is easier said than done.. but what can you do ??
Since this is for EAD renewal... nothing much can really go wrong... so Do not worry too much about it.
more...
naagarajan
07-10 09:42 AM
I am located in Dallas with I-140 approved. Since my project is ending in Dallas, I have found another job with the same company in Chicago.
But my HR and the Layer is saying that, if I move to Chicago then I have to re-do whole process again starting from labor.
Could some one let me know if they are correct? What will happen If I change the location without refiling labor?
But my HR and the Layer is saying that, if I move to Chicago then I have to re-do whole process again starting from labor.
Could some one let me know if they are correct? What will happen If I change the location without refiling labor?
GCKaMaara
05-13 09:25 AM
If worried about identity theft then immediately check your credit profile. Check credit reports, credit scores etc for free. Make sure about any unauthorized activity. I am not sure how but you can check employment history as well. Check for any red flags.
Nobody sends free check, especially treasury. Call IRS.
There is a chance that this could be a check to get you enrolled in some program where by cashing this check you are signing the contract to pay for their schemes etc.
BTW how much is the check for?
Please spend 2 minutes and complete your profile. Without data people would consider you are fake.
Nobody sends free check, especially treasury. Call IRS.
There is a chance that this could be a check to get you enrolled in some program where by cashing this check you are signing the contract to pay for their schemes etc.
BTW how much is the check for?
Please spend 2 minutes and complete your profile. Without data people would consider you are fake.
more...
Jerrome
03-26 09:16 PM
What is your service center for 485?
Does USCIS issue multiple RFEs on I-485 simultaneously or consecutively? The reason I ask is because both myself and my wife recently got RFEs. Myself because the Doctor forgot to fill in the Tuberculosis details and for my wife about her birth certificate. We have responded to both and the responses are exactly what they requested in the RFE.
Should we now relax and just wait for the PD to be come current and get our GC or is there a possibility of getting more RFEs? When there are multiple issues in an application would USCIS raise all of them simultaneously or wait for the response for the first one before raising the second one? Any one have any experience in this regard?
Does USCIS issue multiple RFEs on I-485 simultaneously or consecutively? The reason I ask is because both myself and my wife recently got RFEs. Myself because the Doctor forgot to fill in the Tuberculosis details and for my wife about her birth certificate. We have responded to both and the responses are exactly what they requested in the RFE.
Should we now relax and just wait for the PD to be come current and get our GC or is there a possibility of getting more RFEs? When there are multiple issues in an application would USCIS raise all of them simultaneously or wait for the response for the first one before raising the second one? Any one have any experience in this regard?
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chanduv23
02-07 05:25 PM
Thanks chanduv23.
You guys are really motivated and sometimes get too involved, you need to relax a little.
In the meantime let me tell you that I have a very special attitude toward you guys. Just because I just tell the facts the way they are make people get offended.
I did not write any immigration laws, otherwise I would have had my GC 30 years ago. Yes, I came to study here in 1976 believe or not.
MY dad was here in 1970 and was given a GC when he landed. But he went back to India after an year because of recession and because of promising opportunities in India - he joined a very large public sector bank and is now retired - he never felt bad about returning back and I am glad that I am not a ABCD :)
Looks like you have seen a lot of this stuff as you have been here since the 70s - though your posts are very informative - some of your posts do send negative vibes.
I am personally of a strong opinion that - the only way towards fixing our issues is continuous perserverance with persistence and a clarion call for unity among the community.
You guys are really motivated and sometimes get too involved, you need to relax a little.
In the meantime let me tell you that I have a very special attitude toward you guys. Just because I just tell the facts the way they are make people get offended.
I did not write any immigration laws, otherwise I would have had my GC 30 years ago. Yes, I came to study here in 1976 believe or not.
MY dad was here in 1970 and was given a GC when he landed. But he went back to India after an year because of recession and because of promising opportunities in India - he joined a very large public sector bank and is now retired - he never felt bad about returning back and I am glad that I am not a ABCD :)
Looks like you have seen a lot of this stuff as you have been here since the 70s - though your posts are very informative - some of your posts do send negative vibes.
I am personally of a strong opinion that - the only way towards fixing our issues is continuous perserverance with persistence and a clarion call for unity among the community.
more...
spicy_guy
09-20 12:34 AM
Knowledgeable Sir/Madam
My Passport and I-94 was stolen.
When I entered US - I was on H1b. Now I am a Green Card Holder ( but darn - even that got stolen . I am filing an I-90) .
I read from USCIS's website that I should file I-102 to get a new I-94 and it will take forever to get one and I anticipate traveling soon.
I DO have a Zerox Copy. Can I not just submit the Zerox Copy instead of filing an New I-102 . It costs $320 to file it and if I know I am not going to use the benefit of having a new one ( by the time they send a new one out - I might be gone ) , can I avoid the situation by giving the xerox copy at the Departure Counter to the Airline Rep.Also I read that the Departure date for Non Immigrants are transmitted electronically ( though I am a PR now ) .
Please advise.
Thanks
Rama
Lost or stolen?
My Passport and I-94 was stolen.
When I entered US - I was on H1b. Now I am a Green Card Holder ( but darn - even that got stolen . I am filing an I-90) .
I read from USCIS's website that I should file I-102 to get a new I-94 and it will take forever to get one and I anticipate traveling soon.
I DO have a Zerox Copy. Can I not just submit the Zerox Copy instead of filing an New I-102 . It costs $320 to file it and if I know I am not going to use the benefit of having a new one ( by the time they send a new one out - I might be gone ) , can I avoid the situation by giving the xerox copy at the Departure Counter to the Airline Rep.Also I read that the Departure date for Non Immigrants are transmitted electronically ( though I am a PR now ) .
Please advise.
Thanks
Rama
Lost or stolen?
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ashkam
01-18 12:59 PM
I dropped out of school for three years while I worked on an H1 and then finished my MS. During that time, I remained enrolled in school by paying the enrollment fee every semester without doing any courses. In my opinion you should have done that so you could show intent of completing your MS in the future. Not to mention always keep all your options open because who knows, they might remove the quota for US-based graduate degrees.
more...
waiting4gc02
09-12 09:04 AM
Guys:
Finally got my EAD approved yesterday after little over 3 months.
Now my question is:
-- What benefit does one have if they use AC21(after 180 days) to change jobs with the EAD approved ? Meaning do we have to use EAD to change jobs...maybe I am not very clear but what I am trying to say is what does the NEW employer needs, for an individual to say I can join your company and you need not have to do anything different then what you would do for a GC holder/US Citizen?
-- Also, if my wife gets a job using her EAD, that changes her status from H4 to an EAD holder. Other then for travelling purposes does this affect her in any other way ?
I know these may have been asked before but would appreciate if someone who has discussed/experienced similar scenarios can explain.
Thanks and good luck..
---------
I-485/AP/EAD--ND: June'9th2007
EAD approved : 11Sep'07
PD: Feb'02
Center: NSC
Finally got my EAD approved yesterday after little over 3 months.
Now my question is:
-- What benefit does one have if they use AC21(after 180 days) to change jobs with the EAD approved ? Meaning do we have to use EAD to change jobs...maybe I am not very clear but what I am trying to say is what does the NEW employer needs, for an individual to say I can join your company and you need not have to do anything different then what you would do for a GC holder/US Citizen?
-- Also, if my wife gets a job using her EAD, that changes her status from H4 to an EAD holder. Other then for travelling purposes does this affect her in any other way ?
I know these may have been asked before but would appreciate if someone who has discussed/experienced similar scenarios can explain.
Thanks and good luck..
---------
I-485/AP/EAD--ND: June'9th2007
EAD approved : 11Sep'07
PD: Feb'02
Center: NSC
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tabletpc
12-12 10:09 AM
Cant and americnadesi,
Thanks for your responses...
online apendix A of canadain immigration says...
Original police certificates of good conduct or clearances, from each country/
state/territory in which you and everyone in your family aged 18 years or over
have lived since reaching the age of 18.
� Submit original fingerprints directly to the authorities conducting the police
checks
� If you have obtained police certificates from countries where the authorities will
forward results directly to us, attach a brief explanatory note to your application.
Form this i need to submit both US and india. Can't you said only US clearence is required..can you elaborate how and why???
Can i jsut get the police clearence from india and finger printing from US to decrease the processing time...???
Thanks for your responses...
online apendix A of canadain immigration says...
Original police certificates of good conduct or clearances, from each country/
state/territory in which you and everyone in your family aged 18 years or over
have lived since reaching the age of 18.
� Submit original fingerprints directly to the authorities conducting the police
checks
� If you have obtained police certificates from countries where the authorities will
forward results directly to us, attach a brief explanatory note to your application.
Form this i need to submit both US and india. Can't you said only US clearence is required..can you elaborate how and why???
Can i jsut get the police clearence from india and finger printing from US to decrease the processing time...???
more...
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senthil1
10-29 11:37 PM
Though he has just marginal support see how he and other anti immigrants successfully blocked each and every pro immigrant reform for past 3 years. Anti immigrants can be ignored or sidelined. But not anti immigrants congressmen.But it needs to change the mind of atleast a few anti immigrant congressmen or Senators to get a meaningfull immigration reform. Otherwise status quo will continue.
whew! this dude was one completely reckless, out of touch with reality, close minded xenophobe.
To those who dont know much about Tancredo, the following data point should be enough: "co-sponsored H.R. 3700, to reduce the number of EB visas granted to skilled immigrants to 5000. With a cap of 140K we have dates gone back 6 years, think of what would have happened if the cap was 5k.
..And he wanted to be president!!! God save the nation!! Anyway I am thankful that the vast majority of americans are so open minded and assimilative that Mr Tancredo had just marginal, extremist support.
whew! this dude was one completely reckless, out of touch with reality, close minded xenophobe.
To those who dont know much about Tancredo, the following data point should be enough: "co-sponsored H.R. 3700, to reduce the number of EB visas granted to skilled immigrants to 5000. With a cap of 140K we have dates gone back 6 years, think of what would have happened if the cap was 5k.
..And he wanted to be president!!! God save the nation!! Anyway I am thankful that the vast majority of americans are so open minded and assimilative that Mr Tancredo had just marginal, extremist support.
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GCNirvana007
09-06 10:41 AM
Very true ... GC/ Citizenship is a privielage not a right, unless you are born in USA. Let's stop ranting about how highly qualified one is and how miserable your career had been, just beacuse of you not having GC. This is simply an excuse to ones own failures and blaiming others. How did a plumber or security gaurd take away your salary? ... truth is you were weak to ask for raise or not competent to get one.
I know you are going to vent out your furstation by giving me red dots, but little do I care. But remember my bottomline, when you point a finger at someone (thing) three of your own point back at you. If this doesn't work, use "if you spit on sky, it will fall on your face."
Green/Red is a childish concept, neverthless i gave a green for you bud
I know you are going to vent out your furstation by giving me red dots, but little do I care. But remember my bottomline, when you point a finger at someone (thing) three of your own point back at you. If this doesn't work, use "if you spit on sky, it will fall on your face."
Green/Red is a childish concept, neverthless i gave a green for you bud
more...
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voldemar
07-02 05:21 PM
We sent it on June 8 07.
USCIS updated case saying that they recieved it on June 12th 07.
It seems I missed the bus this time. Our response was received on 06/27 and then there were LUD on 06/28, 06/29, 06/30 and even today.
USCIS updated case saying that they recieved it on June 12th 07.
It seems I missed the bus this time. Our response was received on 06/27 and then there were LUD on 06/28, 06/29, 06/30 and even today.
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golgappa
01-26 02:35 PM
There is no question in this new USCIS update..which asks
"Is it mandatory for a beneficiary to inform USCIS whenever he join a employer other then GC sponsor"
The question are like "How can an alien beneficiary submit a request to change employers"
Anybody who has 485 pending and wishes to file AC21 can ask this question and would like to have clear answer from USICS.
please let me know your thoughts...
"Is it mandatory for a beneficiary to inform USCIS whenever he join a employer other then GC sponsor"
The question are like "How can an alien beneficiary submit a request to change employers"
Anybody who has 485 pending and wishes to file AC21 can ask this question and would like to have clear answer from USICS.
please let me know your thoughts...
more...
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ivy55
07-31 01:23 PM
leoindiano,
No my FP for EAD was done about a month back. I have noticed that some have Code 1, 2, or 3, What I understand is that in the end everyone has to complete Code 3 before getting GC, so they may call me for another FP
Thanks
No my FP for EAD was done about a month back. I have noticed that some have Code 1, 2, or 3, What I understand is that in the end everyone has to complete Code 3 before getting GC, so they may call me for another FP
Thanks
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chanduv23
07-09 01:11 PM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
I think your concern is similar to mine. There is nothing much you can do after you leave the company. The great thing is, you are protected by AC21. The challlenge using AC21 is
(1) AC21 letter MAY not go into your file
(2) NOID maybe issued inspite of you sending AC21 letter
(3) Some cases denials are issued erroneously and have to be reopened using MTR.
There is nothing much we can do when the previous employer withdraws 140.
IMHO - Lawyers MUST NEVER say "Wait until USCIS sends NOID to say yiou have ported off. Instead lawyers MUST say" Send AC21 docs ASAP to avoid NOID or denial due to errors" There has to be a mechanism to ensure the AC21 letter goes to your file.
Why must employer keep your petition when you are not in his company? So, lawyers always recommend employers to withdraw danngling petitions
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
I think your concern is similar to mine. There is nothing much you can do after you leave the company. The great thing is, you are protected by AC21. The challlenge using AC21 is
(1) AC21 letter MAY not go into your file
(2) NOID maybe issued inspite of you sending AC21 letter
(3) Some cases denials are issued erroneously and have to be reopened using MTR.
There is nothing much we can do when the previous employer withdraws 140.
IMHO - Lawyers MUST NEVER say "Wait until USCIS sends NOID to say yiou have ported off. Instead lawyers MUST say" Send AC21 docs ASAP to avoid NOID or denial due to errors" There has to be a mechanism to ensure the AC21 letter goes to your file.
Why must employer keep your petition when you are not in his company? So, lawyers always recommend employers to withdraw danngling petitions
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nat23
02-14 08:11 PM
But I thought LC is an ad for a future position. As long as the employee is qualified and willing to accept the job for the advertised wages at the advertised location when he gets his GC, there should be no issues. For that matter, there are many folks on this forum who have their LC filed in one state but are currently working in a different state without refiling LC. How is this any different from the promotion case ?
Now I fully recognize many employers will choose to exploit their employees and deny them any raise or promotion knowing that they pretty much own the employee until he gets his GC. But is taking promotions against immigration laws in theory ?
I know for sure nothing in immigration law even requires an EB beneficiary to be working in the US on an H1-B with the sponsoring company until he gets his GC - although that is the only feasible practise given the long delays in processing a GC.
I agree with you that GC is for future position. Say for example your company files for your GC for the position on an ENGINEER and 3 years later you are offered the position of a MANAGER which you take up without changing your labor to retain your PD. When you get your GC if you dont go back to the position of ENGINEER then its IMMIGRATION FRAUD. Practically is a very hard thing to do....going backwards but if I'm not wrong the law requires you to work for atleast 6 months with the employer and the position.
Cheers
Nat
Now I fully recognize many employers will choose to exploit their employees and deny them any raise or promotion knowing that they pretty much own the employee until he gets his GC. But is taking promotions against immigration laws in theory ?
I know for sure nothing in immigration law even requires an EB beneficiary to be working in the US on an H1-B with the sponsoring company until he gets his GC - although that is the only feasible practise given the long delays in processing a GC.
I agree with you that GC is for future position. Say for example your company files for your GC for the position on an ENGINEER and 3 years later you are offered the position of a MANAGER which you take up without changing your labor to retain your PD. When you get your GC if you dont go back to the position of ENGINEER then its IMMIGRATION FRAUD. Practically is a very hard thing to do....going backwards but if I'm not wrong the law requires you to work for atleast 6 months with the employer and the position.
Cheers
Nat
morchu
05-08 01:28 PM
EB3??? No chance, it has to remain "U"
EB2-I?? Hmm.... depends....
EB2-C? very small chance....
It will definitely move forward for both EB2 as well as EB3 India.
EB2-I?? Hmm.... depends....
EB2-C? very small chance....
It will definitely move forward for both EB2 as well as EB3 India.
ita
11-30 02:14 PM
I changed my address online.
Checked with CSR and IO and they confirmed the new address..
I didn't mail the AR-11 form though.
I didn't get any mail from USCIS about the change of Address on my applications.
Is that fine.?
Thank you.
Checked with CSR and IO and they confirmed the new address..
I didn't mail the AR-11 form though.
I didn't get any mail from USCIS about the change of Address on my applications.
Is that fine.?
Thank you.