immig4me
11-03 10:08 AM
I don't care much for either party, but I do find "talking points" abhorring as it never considers the practical matters...........
What is it about the immigration debate that makes Republicans in Congress act like children?
In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."
The answer: A lot.
John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.
According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.
So to remove 10 million illegal immigrants, it would cost about $65 billion.
There you go, senators. Will that be cash or charge?
Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.
Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.
"No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."
Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.
The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.
This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.
As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.
"You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."
There you have it. Right on cue, seven Republican senators have stopped making sense.
Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)
What is it about the immigration debate that makes Republicans in Congress act like children?
In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."
The answer: A lot.
John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.
According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.
So to remove 10 million illegal immigrants, it would cost about $65 billion.
There you go, senators. Will that be cash or charge?
Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.
Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.
"No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."
Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.
The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.
This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.
As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.
"You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."
There you have it. Right on cue, seven Republican senators have stopped making sense.
Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)
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JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
amitjoey
08-23 10:40 AM
I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.
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veni001
11-04 07:25 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
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agt
05-22 11:42 AM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.
AGT
can any one please tell me that how to report to DOL about this company.
AGT
stucklabor
03-16 09:36 AM
I am not sure how we can conclude that there is massive corruption and mismanagement. According to this report, tons of immigration applicants knowingly commit fraud in their applications. For instance, people file frivolous I485 applications that have no chance of succeeding, just to get EAD/AP. USCIS is having trouble balancing the Presidential mandate to reduce the backlog - which means faster processing of each application - with the need to detect and prevent fraud, which means taking a longer time over each application.
The title of this thread is quite misleading, IMHO.
The title of this thread is quite misleading, IMHO.
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meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
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sku
12-30 10:07 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
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reddyram
07-23 02:03 PM
What is the expected OS? Is it windows? Is it free?
Windows and Free are antonyms just like pakistan and intelligence. Read the post again dude -its has to be Linux . Can u even get a Windows License for $35 ? forget Windows ..even DOS ? ( except on the streets of muhammed alee rd or abdool gafoor rd , where u can get a pirated version for $2 !!! )
Windows and Free are antonyms just like pakistan and intelligence. Read the post again dude -its has to be Linux . Can u even get a Windows License for $35 ? forget Windows ..even DOS ? ( except on the streets of muhammed alee rd or abdool gafoor rd , where u can get a pirated version for $2 !!! )
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chanduv23
09-04 06:50 AM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.
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bigboy007
10-30 07:17 AM
what does ur online status show btw? also ur dep's earlier checks havent cashed right ? dumb Q :-( one of my friend got in to similar situation he sent it back and checks cashed not sure how much did he sent though.
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insbaby
08-15 08:21 AM
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
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royjonny
06-19 12:35 PM
I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
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she81
06-30 01:42 AM
I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
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irrational
06-18 08:28 PM
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
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gcseeker2002
02-07 10:56 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
Oh NO, if this happens then it will close the last door on many people.
Oh NO, if this happens then it will close the last door on many people.
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drirshad
09-27 08:23 PM
And the oldies r gonna retire creating more jobs what will they do then, i m sure somethin goin on to make us suffer especially ..........
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abimanyu
08-19 09:20 AM
What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
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brahmasap@gmail.com
04-11 02:34 PM
Hi,
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
hibworker
06-05 04:06 PM
You can travel with valid visa and receipt notice of pending petition. If you receive approval while in India your company can send it to you and both you and your wife can get new H1 and H4 stamp
Your company can reply to RFE without you being present in US
Your company can reply to RFE without you being present in US
va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
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