Blog Feeds
05-18 11:10 AM
I think most Immigration Judges try to do their job in a fair way. But there are a few that really cross the line way too often. The press has covered this and I've tried to bring some of these problems to light in this forum. Now EOIR wants people who have been victimized by poor conduct from an Immigration Judge to complain and they've established a complaint portal on their web site.
More... (http://blogs.ilw.com/gregsiskind/2010/05/eoir-creates-process-to-complain-about-bad-immigration-judges.html)
More... (http://blogs.ilw.com/gregsiskind/2010/05/eoir-creates-process-to-complain-about-bad-immigration-judges.html)
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Macaca
05-15 10:07 AM
Congress's Start (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/12/AR2007051201099.html) -- It's time to begin recording concrete achievements, Sunday, May 13, 2007
FOUR MONTHS into the 110th Congress is too early to assign grades to the new Democratic majority -- but not too soon to remind lawmakers that most of their self-assigned tasks remain undone; that progress in the next few months on immigration, trade and lobbying reform is critical; and that this Congress will be judged on what it accomplished -- and on where it punted.
The biggest punt thus far concerns entitlement spending, an issue on which the administration, chiefly Treasury Secretary Henry M. Paulson Jr., has been seeking to jump-start discussions. This is an auspicious moment that Democrats seem determined to squander. First, the Democratic Congress has a lame-duck Republican president who could take, or at least share, the blame for cuts that will have to be part of any solution. Second, as members of Congress well know, the longer they wait to take on Medicare and, particularly, Social Security, the harder the problem they will face.
Democrats have seized on Vice President Cheney's comments to Fox News in January about raising payroll taxes -- "This president has been very, very clear on his position on taxes, and nothing's changed" -- as a rationale for why they can't risk bargaining with the administration. But this is an excuse, not a legitimate basis for inaction. After all, Mr. Cheney also said there would be "no preconditions."
Meanwhile, lawmakers for the most part have used their oversight powers usefully, though we wish more energy were spent examining torture policies, for instance, and less on subpoenaing the secretary of state. Although the budget process has yet to play itself out, the adoption of tough pay-as-you-go rules to constrain new mandatory spending has had a surprisingly beneficial effect in restraining demands for new programs. The Senate's passage of a measure to strengthen the Food and Drug Administration's regulatory powers is an important step.
Still unanswered is whether Democrats will deliver on their campaign promises and whether both sides will find ways to forge consensus on issues of common concern. House Democrats' "Six for '06" campaign pledge has so far amounted to "None in '07." Much of this (federal funding for embryonic stem cell research, for instance) is out of Democrats' control, given the Senate's supermajority rules and President Bush's veto pen; in some cases (having Medicare negotiate drug prices, for example), that's just as well. But even such relatively noncontroversial matters as increasing the minimum wage remain undone. Voters are starting to notice, and the coming weeks will be crucial for Democrats to put some actual accomplishments on the board.
On a matter that is within their control, it's still uncertain whether House Democrats will produce a lobbying and ethics reform package worthy of their campaign pledges to end the "culture of corruption." The key tests will be whether lawmakers require lobbyists to disclose the bundles of campaign cash they deliver (as the Senate version of the measure has done) and whether the House will create a more credible ethics process, including some kind of independent arm to assess and investigate ethics allegations.
On immigration, Senate Majority Leader Harry M. Reid (D-Nev.) is right to bring to the floor last year's measure, which won the support of 23 Republicans. The clock is ticking on this incendiary topic, and the administration has not improved matters by pushing an unbalanced and punitive plan. If Mr. Bush is looking for a legacy issue beyond Iraq, this could be it, but he is, so far, blowing the chance.
On trade, an agreement that seems to clear the way for approval of trade pacts with Peru and Panama is a start, but only that. Much more important is the passage of deals with Colombia and South Korea, and extension of presidential trade negotiating authority, which is needed to complete a new global trade treaty. Congressional leaders should work with Mr. Bush to extend the authority -- not because they like or trust him but because doing so will be better for the economy in which they, too, have an important stake.
FOUR MONTHS into the 110th Congress is too early to assign grades to the new Democratic majority -- but not too soon to remind lawmakers that most of their self-assigned tasks remain undone; that progress in the next few months on immigration, trade and lobbying reform is critical; and that this Congress will be judged on what it accomplished -- and on where it punted.
The biggest punt thus far concerns entitlement spending, an issue on which the administration, chiefly Treasury Secretary Henry M. Paulson Jr., has been seeking to jump-start discussions. This is an auspicious moment that Democrats seem determined to squander. First, the Democratic Congress has a lame-duck Republican president who could take, or at least share, the blame for cuts that will have to be part of any solution. Second, as members of Congress well know, the longer they wait to take on Medicare and, particularly, Social Security, the harder the problem they will face.
Democrats have seized on Vice President Cheney's comments to Fox News in January about raising payroll taxes -- "This president has been very, very clear on his position on taxes, and nothing's changed" -- as a rationale for why they can't risk bargaining with the administration. But this is an excuse, not a legitimate basis for inaction. After all, Mr. Cheney also said there would be "no preconditions."
Meanwhile, lawmakers for the most part have used their oversight powers usefully, though we wish more energy were spent examining torture policies, for instance, and less on subpoenaing the secretary of state. Although the budget process has yet to play itself out, the adoption of tough pay-as-you-go rules to constrain new mandatory spending has had a surprisingly beneficial effect in restraining demands for new programs. The Senate's passage of a measure to strengthen the Food and Drug Administration's regulatory powers is an important step.
Still unanswered is whether Democrats will deliver on their campaign promises and whether both sides will find ways to forge consensus on issues of common concern. House Democrats' "Six for '06" campaign pledge has so far amounted to "None in '07." Much of this (federal funding for embryonic stem cell research, for instance) is out of Democrats' control, given the Senate's supermajority rules and President Bush's veto pen; in some cases (having Medicare negotiate drug prices, for example), that's just as well. But even such relatively noncontroversial matters as increasing the minimum wage remain undone. Voters are starting to notice, and the coming weeks will be crucial for Democrats to put some actual accomplishments on the board.
On a matter that is within their control, it's still uncertain whether House Democrats will produce a lobbying and ethics reform package worthy of their campaign pledges to end the "culture of corruption." The key tests will be whether lawmakers require lobbyists to disclose the bundles of campaign cash they deliver (as the Senate version of the measure has done) and whether the House will create a more credible ethics process, including some kind of independent arm to assess and investigate ethics allegations.
On immigration, Senate Majority Leader Harry M. Reid (D-Nev.) is right to bring to the floor last year's measure, which won the support of 23 Republicans. The clock is ticking on this incendiary topic, and the administration has not improved matters by pushing an unbalanced and punitive plan. If Mr. Bush is looking for a legacy issue beyond Iraq, this could be it, but he is, so far, blowing the chance.
On trade, an agreement that seems to clear the way for approval of trade pacts with Peru and Panama is a start, but only that. Much more important is the passage of deals with Colombia and South Korea, and extension of presidential trade negotiating authority, which is needed to complete a new global trade treaty. Congressional leaders should work with Mr. Bush to extend the authority -- not because they like or trust him but because doing so will be better for the economy in which they, too, have an important stake.
gcformeornot
08-14 07:43 AM
All 485s(EB+FB+Other)
http://www.immigration-law.com/Canada.html
http://www.immigration-law.com/Canada.html
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man-woman-and-gc
04-20 06:20 PM
Hi,
My brother is coming to USA on L1 visa.
His wife has a valid H1-B stamped. However, her employer cannot send her to US for the next 6-7 months.
Can she come to US on L2 and then transfer her H1-B if whe finds a job here in US? Or will her H1-B get immidiately cancelled as soon as she enters US on L2?
Thanks.
My brother is coming to USA on L1 visa.
His wife has a valid H1-B stamped. However, her employer cannot send her to US for the next 6-7 months.
Can she come to US on L2 and then transfer her H1-B if whe finds a job here in US? Or will her H1-B get immidiately cancelled as soon as she enters US on L2?
Thanks.
more...
s416504
11-09 12:10 PM
If your H1B approved as a part of change of status from L1, Your current status will be H1B (You can check that on new I94) from the date H1B starts. In this case, You lost your L1 status and you need to start working with H1B employer. You need to take advice from your H1B Lawyer.
singhv_1980
01-19 11:38 AM
I do not think so. I believe these are two separate issues and should not have any effect on the chances of your frnd securing visa.
more...
zamoo
06-28 12:39 PM
Hello All,
Being on H-1 never allowed you to get promoted unless the employer did all the necessary paperwork with USCIS/DOL. EAD being work authorization not limited to current employer, can EAD mean a little more freedom to waiting-for-GC H-1Bs in terms of being able to get promoted within the organization, get different job titles, etc ?
Also, I have 140 approved and H-1B ext was granted for 3 years (till 2010). Does it make any sense to apply for EAD alongwith 485 ? If EAD gives the career advancement opportunities, can I apply for it but keep using my H-1B to re-enter US till 2010 if needed ?
Thanks
Being on H-1 never allowed you to get promoted unless the employer did all the necessary paperwork with USCIS/DOL. EAD being work authorization not limited to current employer, can EAD mean a little more freedom to waiting-for-GC H-1Bs in terms of being able to get promoted within the organization, get different job titles, etc ?
Also, I have 140 approved and H-1B ext was granted for 3 years (till 2010). Does it make any sense to apply for EAD alongwith 485 ? If EAD gives the career advancement opportunities, can I apply for it but keep using my H-1B to re-enter US till 2010 if needed ?
Thanks
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axl271
06-23 11:50 AM
I was laid off in early April, and the employer told me that they would revoke my H1B 30 days later (early May).
Now finally I get a job offer. The new employer can start to work on my h1b now, but the starting date will be late July.
I have an EAD right now based on my approved 140 and pending 485 (>=180days)
I talked with my attorney, and he said I would definitely have to go back to re-activate my H1B abroad, so I should use EAD instead of doing H1B.
Is it true that I have to go abroad to re-activate my h1B? I saw some people transferred sucessfully
Any thoughts? Thank you very much.
Now finally I get a job offer. The new employer can start to work on my h1b now, but the starting date will be late July.
I have an EAD right now based on my approved 140 and pending 485 (>=180days)
I talked with my attorney, and he said I would definitely have to go back to re-activate my H1B abroad, so I should use EAD instead of doing H1B.
Is it true that I have to go abroad to re-activate my h1B? I saw some people transferred sucessfully
Any thoughts? Thank you very much.
more...
sk017
08-03 11:06 PM
My I-485 is pending with PD of Oct 11 2006(EB2 India). I have been on H1 as was not able to add my spouse to my initial 485 application. As my H1 expires on Sep 6, we recently filed for H1/4 extension and received an RFE for Employee-Employer relationship. We have to answer this by Sep 13. As a Plan B, What we did in June 2010 was
a) I filed for my EAD
b) My spouse got admitted into a school here and applied for COS from H4 to F1 with a valid I-20.
Both of these cases are currently pending.. My questions are:
1) As our H1/4 and I-94 expires on Sep 6, Would we still be in legal status after Sep 6 as both of our cases (EAD and COS) are pending?
2) After answering the RFE, if it is denied, would it impact my GC processing?
3) I understand that even if my H1 is denied, As I have a pending EAD, my status would be okay but what options would we have if my Wife's case is denied.
Thanks in Advance!
a) I filed for my EAD
b) My spouse got admitted into a school here and applied for COS from H4 to F1 with a valid I-20.
Both of these cases are currently pending.. My questions are:
1) As our H1/4 and I-94 expires on Sep 6, Would we still be in legal status after Sep 6 as both of our cases (EAD and COS) are pending?
2) After answering the RFE, if it is denied, would it impact my GC processing?
3) I understand that even if my H1 is denied, As I have a pending EAD, my status would be okay but what options would we have if my Wife's case is denied.
Thanks in Advance!
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Blog Feeds
06-15 03:00 AM
U.S. Citizenship and Immigration Services (USCIS) announced today that a new version of the Application to Replace Permanent Resident Card (Form I-90), is available on the USCIS website. The new version of the form is dated 8/10/09 and contains more user-friendly features.
Applicants may file Form I-90 electronically (through e-filing), or through the mail to the USCIS Phoenix Lockbox facility.
More... (http://www.visalawyerblog.com/2010/06/new_form_i90_application_to_re.html)
Applicants may file Form I-90 electronically (through e-filing), or through the mail to the USCIS Phoenix Lockbox facility.
More... (http://www.visalawyerblog.com/2010/06/new_form_i90_application_to_re.html)
more...
simbasimba
01-01 01:25 AM
I am nearing the five years on my H1B. My company (A) had it extended with my I-i40 approval. I want to know at this point is it okay to transfer h1B visa to another company (B)? I was told i can only get 9 month extensions with the transfer is that true? Also what if my company (A) cancels my GC process after transferring to company (B), do i have to go through the entire GC process again once I transfer to company (B)? I was told i only have to re apply the I-140 with the priority date given on the previous I-140?
With great appreciation!
Lion King
With great appreciation!
Lion King
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tonyHK12
12-16 03:59 PM
EB5 might get a boost in Jan, according to this. Requirements may be relaxed to investing 100,000 and employing 5 in two years ..
Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article/SB10001424052748704694004576020001550357580.html?m od=WSJ_hpp_sections_smallbusiness)
Looks like HR 4259, another platform for Visa recapture?
H.R. 4259: Employment Benefit Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-4259)
Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article/SB10001424052748704694004576020001550357580.html?m od=WSJ_hpp_sections_smallbusiness)
Looks like HR 4259, another platform for Visa recapture?
H.R. 4259: Employment Benefit Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-4259)
more...
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wandmaker
11-29 03:34 PM
sunnysunny: AP does not belong to company, it is yours - You can use AP
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arjunram
03-27 10:54 PM
My Receipt date for 485 is july 27th 2007 and nebraska is processing applications for this date.
I applied for cross chargeability on 10th March.. Any idea how long before my case is approved? My lawyer has confirmed that its possible and he claims that it should take 4-8 weeks. I wanted to check to see what the experience of people has been so far?
Any insight is greatly appreciated! Thanks!
I applied for cross chargeability on 10th March.. Any idea how long before my case is approved? My lawyer has confirmed that its possible and he claims that it should take 4-8 weeks. I wanted to check to see what the experience of people has been so far?
Any insight is greatly appreciated! Thanks!
more...
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ektha123
01-02 09:55 AM
please guys
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Blog Feeds
10-19 09:10 AM
Someone thought this was okay?
More... (http://blogs.ilw.com/gregsiskind/2009/10/target-apologizes-for-immigrant-halloween-costume.html)
More... (http://blogs.ilw.com/gregsiskind/2009/10/target-apologizes-for-immigrant-halloween-costume.html)
more...
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Blog Feeds
08-07 09:40 AM
Those of you who have been reading this blog awhile will recall the many posts I've written regarding major problems in the system of detention for immigrants facing potential deportation. Nina Bernstein of the New York Times reports this morning that the White House will enact a series of reforms designed to curb abuses. Some of the promised changes are vague, but an immediate step will be an end to sending families to the Hutto detention facility in Texas, a location that has been the source of many complaints.The Administration is apparently looking at more alternatives to detention for non-violent...
More... (http://blogs.ilw.com/gregsiskind/2009/08/obama-administration-announces-plans-to-reform-ice-detention-system.html)
More... (http://blogs.ilw.com/gregsiskind/2009/08/obama-administration-announces-plans-to-reform-ice-detention-system.html)
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greyhair
04-30 12:58 AM
Superman Renounces His U.S. Citizenship in 900th Issue of Action Comics - FoxNews.com (http://www.foxnews.com/entertainment/2011/04/28/superman-renounces-citizenship-00th-issue/)
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vinzak
01-15 04:11 PM
There shouldn't be a problem. There's your DOB, A# and photograph on the card to verify that the person is actually you.
But I think you should still file for a correction.
But I think you should still file for a correction.
trump_gc
04-11 01:41 PM
Since this is not criminal in nature, I dont think u will have much of an issue. But just for ur peace of mind, why dont u just call ur immigration lawyer and ask, i mean if u have one
CCC
06-01 01:33 PM
As i understand it it may take upto 6 mons and may even take upto a year. Is that a safe bet? to I am planning on a vacation in Dec and i hate to be in limbo. My wife's I-140 has been approved and we are in the worldwide category.
So what do you guys think, should i just go ahead and book the tickets now or should i wait to see what happens in Oct? I would like your opinions however contrary :D
So what do you guys think, should i just go ahead and book the tickets now or should i wait to see what happens in Oct? I would like your opinions however contrary :D
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