Murthy
05-07 08:10 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
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Ann Ruben
02-06 04:39 PM
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
brij523
02-18 07:05 PM
Hu Hu I got two people who will join Conf. Anyone else ready to help themself!
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sobers
02-10 10:55 AM
It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.
Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...
EU's New Tack on Immigration
Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
By JOHN W. MILLER
February 10, 2006; Page A8
BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.
Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.
"The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.
In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.
The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.
While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.
Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.
In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.
Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.
The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.
So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.
"Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.
The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.
For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.
Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."
--Andrea Thomas in Berlin contributed to this article.
Write to John W. Miller at john.miller@dowjones.com1
Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...
EU's New Tack on Immigration
Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
By JOHN W. MILLER
February 10, 2006; Page A8
BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.
Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.
"The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.
In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.
The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.
While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.
Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.
In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.
Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.
The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.
So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.
"Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.
The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.
For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.
Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."
--Andrea Thomas in Berlin contributed to this article.
Write to John W. Miller at john.miller@dowjones.com1
more...
Hinglish
03-05 03:04 PM
No worries ... this bill aint going no where .... it is just a political ploy to corner Dems and force them to take a harder stance on immigration
MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
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amitga
01-25 11:17 AM
Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.
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devan
11-13 05:04 PM
Thanks much for all your responses. As per your suggestion, i talked to the lawyer office, they asked me the three affidavits and sent the response today.
Thanks
Devan
Thanks
Devan
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rsayed
12-14 12:00 PM
Here is the satement of Senator Salzar on ICE Action and the Need for CIR
http://salazar.senate.gov/news/releases/061212immg.htm
It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.
Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.
For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.
http://salazar.senate.gov/news/releases/061212immg.htm
It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.
Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.
For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.
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krishmunn
02-07 12:25 PM
There is no IT Project Manager role in flcdatacenter. There is no harm if your role says Project Manager but the wage data is based on CIS Manager (I have gone through that path). What does the Attorney say ?
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gc_on_demand
05-19 11:14 AM
bump^^^^^^^^^^^^^
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sailing_through
02-18 02:29 PM
oh ok. thanks desi 3933 for rechecking that for me. i think you are right. i found that h4 can only do work for which they are not paid. thank you all guys, you were all a big help..
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Lollerskater
09-25 12:45 PM
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
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at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
more...
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lazycis
04-17 12:46 PM
It's possible, but you need to marry first, then file I-130. After I-130 is approved, you can ask USCIS to use your I-130 as underlying visa petition for I-485. Keep in mind that I-130 AOS gives you only conditional permanent residency, after 21 months you need to apply for a regular GC.
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waitingnwaiting
01-26 11:48 AM
Just wake me up when you guys get your answers. You should post on this thread.
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gc_wow
08-14 08:13 PM
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
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arnet
11-02 12:13 AM
yes, you need passport size photograph (2x2 inch) for AP/EAD. when you file I-485, you will file EAD/AP and for that you need photographs. you need atleast 2 photographs for EAD and 2 photographs for AP. check the photograph specifications in EAD/AP form instructions or in USCIS website. USCIS is very specific about the photograph, I know couple of friends whose EAD applications are sent back when they did meet their specifications. so pay attention to their specifications.
check these websites for your reference inaddition to USCIS.gov:
http://www.usvisanews.com/uscisphoto/guide.pdf
http://www.usvisanews.com/uscisphoto/
Disclaimer: I'm not an immigration attroney so please consult one for your situations as laws/procedures are changing constantly.
Are passport photographs needed?
check these websites for your reference inaddition to USCIS.gov:
http://www.usvisanews.com/uscisphoto/guide.pdf
http://www.usvisanews.com/uscisphoto/
Disclaimer: I'm not an immigration attroney so please consult one for your situations as laws/procedures are changing constantly.
Are passport photographs needed?
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aadimanav
06-14 12:30 AM
Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ?
adi787
08-29 05:57 PM
Hello RamK
Can you please let me know, what you did finally?
I'm in the same boat.
awaiting for your reply.
Can you please let me know, what you did finally?
I'm in the same boat.
awaiting for your reply.
gc_nebraska
01-09 02:19 PM
msandhu ! what was your port of entry ?
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