vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
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Gravitation
08-17 11:20 PM
You are fine. Have no worry and have a good trip. Use your H1B to get back.
JunRN
09-26 02:38 PM
That remains to be seen. Congress cannot act in a mere speculation that there will be spierce competition between EU and US on skilled labor. US still attracts a lot of foreign skills. Increasing the number is not always seen as a solution but streamlining is or efficiency in adjudication is.
Anothe problem is that US thought it is adding more into the work force everyyear by giving out immigrant visas (EB). This is wrong because most of the applicants are already in the workforce under H1B and their dependents. What EB visas do was to retain these foreign skills by giving them permanent residence status. Therefore, EB visas are there not to add into the workforce but to maintain the current workforce.
The real visas for adding into the workforce is the H1B, which is temporary and only 65,000 per year which in a week time was used up.
Anothe problem is that US thought it is adding more into the work force everyyear by giving out immigrant visas (EB). This is wrong because most of the applicants are already in the workforce under H1B and their dependents. What EB visas do was to retain these foreign skills by giving them permanent residence status. Therefore, EB visas are there not to add into the workforce but to maintain the current workforce.
The real visas for adding into the workforce is the H1B, which is temporary and only 65,000 per year which in a week time was used up.
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shobaseshadri
01-09 01:33 PM
My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?
Thanks.
Thanks.
more...
zone.zo786
04-23 05:28 AM
No one here could possibly know. The FULL price is probably going to be around $900 a month. But his employer would pick up, usually at least half the cost for HIS coverage - or around $250ish.
rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
more...
India_USA
07-28 08:23 AM
so many complications, so many rules to know - we might as well be immigration attorneys!! we (or at least some of us) pretty much know more about the INS and immigration laws than the average immigration attorney :D
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sri2007
05-02 07:17 PM
Hi,
I�m in 4th year of H1b and I485 - 180 days completed. I�m looking for full time jobs and many of the companies are asking for EAD for full time jobs and some of my friends suggested use H1b instead of EAD. Pls help me in answering the below questions
1. What is the problem I will face if I use EAD instead of H1b?
2. Job titles are most of them are different like Senior Software Engineer, MSI Systems Integrators, Data engineer etc, where as my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though the some of responsibilities are similar.
3. Employer can revoke I140 even If I�m working with him and crossed 180 days of I485.
Please Advice.
I�m in 4th year of H1b and I485 - 180 days completed. I�m looking for full time jobs and many of the companies are asking for EAD for full time jobs and some of my friends suggested use H1b instead of EAD. Pls help me in answering the below questions
1. What is the problem I will face if I use EAD instead of H1b?
2. Job titles are most of them are different like Senior Software Engineer, MSI Systems Integrators, Data engineer etc, where as my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though the some of responsibilities are similar.
3. Employer can revoke I140 even If I�m working with him and crossed 180 days of I485.
Please Advice.
more...
WeShallOvercome
08-22 12:28 PM
Hi,
I did not sign in the 325 form...where it says that sign here
"if your native alphabet is other than Roman letters, write your name in native alphabet below".
Would this be a concern?
Thanks
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
I did not sign in the 325 form...where it says that sign here
"if your native alphabet is other than Roman letters, write your name in native alphabet below".
Would this be a concern?
Thanks
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
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jsb
07-29 08:53 AM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
more...
GCBy3000
07-18 09:33 PM
Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN
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GCVictim
10-13 11:06 AM
I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.
What should I send from her?
What should I send from her?
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texcan
10-10 11:25 PM
Thanks Raju Ram...
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priderock
04-20 01:04 PM
I already have 3 yr approval Notice with me.
Would it not be enuf for me to transfer my H1 to a new company ?
Yes , I think it is enough to get H1 transfer. I assume you are going to join the new company after the H1 transfer.
What is the PD of your current approved labor ?
Would it not be enuf for me to transfer my H1 to a new company ?
Yes , I think it is enough to get H1 transfer. I assume you are going to join the new company after the H1 transfer.
What is the PD of your current approved labor ?
more...
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tnite
09-24 10:11 PM
All TriState (NY/NJ/CT) members please join us on Sep 27th, 9 pm for the " No Obligation "Conference Call.
This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
When you sign in, please announce your name so that we know who's attending the tele conference.
Telephone:16054756006
bridge: ??????
For more information go to
http://groups.yahoo.com/group/immigrationvoiceny/
This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
When you sign in, please announce your name so that we know who's attending the tele conference.
Telephone:16054756006
bridge: ??????
For more information go to
http://groups.yahoo.com/group/immigrationvoiceny/
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sreeraghu
07-16 12:25 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
Thanks!
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jliechty
December 20th, 2004, 10:12 PM
Our 4-H photo club met this (well, yesterday now - it was Monday) evening, and the leader brought her new D70. She knows that I'm interested in DSLRs, so she let me shoot it for about 15 minutes with my CF card. I brought home six NEFs (from about 10 or 11 shots, but I deleted a few in the process of "exposing to the right").
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
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glen
04-17 09:33 AM
It's time for USCIS to implement the regulation. I suggest we as IV members or individuals, sent fax or mail to USCIS Director. Hopefully things will change and if not we do not loose.
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chris
11-15 12:07 AM
My PD is current for 12 months (from Oct 2007) .
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
vasa
08-08 10:11 AM
My company filed on July2 (MY i485/aos/ead app reached USCIS on July 2), although they were pissed off by July 2nd reversal, but were OK when a revised bulletin was out..
stnkycheezman
11-24 11:02 AM
Need a web designer
I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.
Website will contain:
-photo gallery (photos provided)
-video clips (videos provided)
-community member profiles
-membership "join" form
-graphic effects
-guest book
-music/sound effects
-a lot of animation and graphic motion
The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.
Thanks,
Calvin
I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.
Website will contain:
-photo gallery (photos provided)
-video clips (videos provided)
-community member profiles
-membership "join" form
-graphic effects
-guest book
-music/sound effects
-a lot of animation and graphic motion
The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.
Thanks,
Calvin
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