Wednesday, June 29, 2011

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  • Blog Feeds
    10-29 05:40 PM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.

    Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.

    When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.

    These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.

    Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)




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  • eswaraprasad73
    02-07 03:10 PM
    I have valid H1B visa in my passport.
    Can I travel to India via London.
    Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.




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  • Hello_Hello
    10-28 06:19 PM
    It is withholding...you have to give the tax sooner or later, what is your concern ? If your company is not allowing and are stupid enough to withhold money, have them withhold more money and take it back from the Fed. next year, what is the big deal ?

    I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...




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  • dummgelauft
    03-25 09:49 AM
    ..Wadhwa,...Dalmia...all desi names. Well, Anderson Cooper is american. But what I mean is that the authors of such articles and studies are almost always Indian origin people.
    While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
    Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.



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  • same_old_guy
    07-09 06:00 PM
    AILA update :

    AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
    Issue (Updated 7/9/07)


    What's cooking ?




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  • snathan
    05-16 12:32 PM
    Hi,
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply

    Yes...you will be out of status during that period.



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  • cache22
    01-25 11:06 PM
    Please consult a good lawyer
    like
    OH at immigration-law.com,
    Carl Shusterman,
    Shela murthy
    Rajiv Kanna

    Please refer
    http://www.murthy.com/485faq.html

    I have the extract from the website

    Question 4. What is a travel document and do I need it?

    ......
    ......

    Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.

    *****************

    I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.

    Good luck




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  • India76
    03-01 10:28 PM
    Thanks rajesh_kamisetty for your prompt reply. It helps.



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  • fasterthanlight�
    05-10 10:25 PM
    Yeah I noticed you like his little errors heh? Hahah nice concept!

    Lol, I guess so, i got bored of my other avatar, and i didnt have any other ideas. I'm glad you guys like the stamp




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  • kiran24
    06-24 02:24 AM
    I had a TB test yesterday. Waiting to go to doctor on Monday to get results. Hope I get negative result :eek:



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  • waitingnwaiting
    11-16 01:35 PM
    LA OPINION (Editorial): The time is now!



    |2010-11-16 | La Opini�n

    The time is now! - La Opini�n - noticias locales, nacionales e internacionales desde Los �ngeles - impre.com (http://www.impre.com/laopinion/opinion/2010/11/16/the-time-is-now-222571-1.html#commentsBlock)



    Democrats return back to a lame-duck Congressional session in which they have a majority in both chambers. This is the moment to make the effort to pass the DREAM Act and open up the path for hundreds of thousands of young people to enter the university or serve in the Armed Forces.



    Major legislation on the agenda between now and the end of the year includes making permanent the Bush-era tax cuts, passing the fiscal year 2011 spending bill or at least passing a stopgap measure to continue to fund the government, extending unemployment benefits, and addressing cuts in Medicare payments to doctors.



    There are many important issues on the floor and the position that will be taken by the Republicans is still unclear given they will have control of the House of Representatives in two months.



    Despite this, we believe the DREAM Act must be added to the mix. In these past two years of Democratic control, the concerted push for comprehensive immigration reform never materialized. At a minimum, during these last weeks of legislative control, they should seek passage of legislation that would allow undocumented high school graduates � who have grown up in the U.S. � to continue their studies or to join the military.



    Similar efforts a few months back failed because critics unjustly denounced the bill as an "amnesty," as if these young people were responsible for having been brought to the U.S. by their parents. Other critics charged that the bill would prove to be a magnet for immigrant parents to bring young children here. Such criticism ignores the real reasons for immigration.



    This legislative session is filled with dozens of legislators who have either lost their reelection or are planning to retire. They have nothing to lose by doing the right thing and voting for a bill that will help the economy in the short and long term by preparing our country�s future labor force. And, at the same time, they will be strengthening the military.



    Political savvy and determination will be needed to pass this legislation. Opportunities exist to attach it to other bills if it appears that it cannot be approved on its own. With so much at stake , the time to act is now!




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  • Waitingnvain
    10-23 05:15 PM
    Hi Folks:

    Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

    Thanks



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  • gc_bulgaria
    09-26 01:29 PM
    Questions: :confused:

    1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?

    2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?

    3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?

    4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?




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  • RandyK
    11-15 03:30 PM
    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf



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  • coolest_me
    07-10 02:30 PM
    Try in the early morning hours like 5 - 6 AM EST ....

    If any one of your parent can speak English then you can take the appt in English. I did it for my In-Laws and they got the visa.




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  • chapsi29
    07-31 04:50 PM
    Hello all,

    I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.

    My question is:

    1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).

    2: Would my F1 application cause my 485 to be denied or vice versa ?

    Thanks in advance



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  • pappu
    03-10 04:14 PM
    Hello Every one

    As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.

    How to update Profile :

    (1) Login into IV site
    (2) Click on Forum from Top Navigation
    (3) Click on My User Profile from Drop down
    (4) Click on Edit Your Details on Left side navigation. Please enter correct GC details

    Post confirmation message once you are done so you can verify details of your profile in your post.

    As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.

    Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS




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  • NNReddy
    07-05 11:32 AM
    Do you know anybody that applied for extension based on medical grounds. So far I applied for extension 5 times during last 8 years for my mother-in-law and my brother-in-law and my father-in-law but all based on tourism/visiting grounds. I got extension all 5 times. Now that my mother-in-law wants to go back to india, but she just had a surgery and still in hospital and she needs to go to india next week. So we need to apply for extension.




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  • prem_goel
    11-02 10:25 AM
    Hello,
    Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.

    Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.

    My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.

    Please advise.
    Thanks




    Ann Ruben
    03-29 02:36 PM
    In some similar cases, filing a petition for mandamus in federal court has been effective. HOWEVER, this strategy is not without risk, and you should consult with an immigration attorney with specific experience dealing with 212(a)(3)(B) "hold" cases before proceeding.




    Mariam
    02-24 03:39 PM
    Hi everyone,

    I really need somebody's advice on what to do next. Here is some info:

    Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.

    My achievements in athletics:
    1. Been in sport for 10 years.
    2. Member of the National team 2003-2006.
    3. Member of the University team 2006-2010.
    4. Many times National Champion and prize winner of my own country.
    5. Participant of World Cups and hold medals of European Championships.
    6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
    Many others to go, but those are the major ones.

    Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
    All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.

    USCIS critique:
    1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
    2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)

    Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.

    I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.

    I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
    I would greatly appreciate any information. Thanks.



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