eb2_immigrant
03-09 06:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
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sujith1
07-09 10:04 PM
I guess Priority mail would have been a better option - The real question is do they go and pickup from the PO
pd_recapturing
10-15 12:00 PM
I think you need to show visa proof when you go to most of the DMVs.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
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drirshad
03-13 04:31 PM
03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
more...
gc_on_demand
09-09 11:46 AM
I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
sarika
07-26 02:13 PM
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
more...
immigrationvoice1
12-20 12:07 PM
Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.
Thanks in advance
The H4 visa stamp if remains un-expired on the day she lands in the US is anough document for her to return back. AP is not required.
Thanks in advance
The H4 visa stamp if remains un-expired on the day she lands in the US is anough document for her to return back. AP is not required.
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sjhugoose
February 23rd, 2004, 07:36 AM
Why B&H have to sell this at such a premium
Thre words for you: Because They Can!
Thre words for you: Because They Can!
more...
santosh08872
02-24 07:30 AM
Hi,
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
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ganguteli
02-03 02:55 PM
Abbe fairyangel ,
Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.
Stop blady shit...and concentrate on yor work....mental Ididiot
Niceguy
Even if you try to wrte incorrect english and spellings to make it look like some Indians who are not that good with the language, you will still be caught. :D
Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.
Stop blady shit...and concentrate on yor work....mental Ididiot
Niceguy
Even if you try to wrte incorrect english and spellings to make it look like some Indians who are not that good with the language, you will still be caught. :D
more...
deafTunes123
09-10 09:43 AM
There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
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hebron
06-23 08:25 AM
Mine is the same company that applied for EB2 in the first place
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
more...
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gc_chahiye
08-19 12:40 AM
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
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nifedge
04-23 10:01 AM
Hello!
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
more...
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walking_dude
08-04 11:03 AM
Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.
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gsvisu
07-17 05:54 PM
Thanks & Contribute... This is only the beginning.
Miles to go before we sleep !
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Miles to go before we sleep !
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
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gc_buddy
12-03 02:44 PM
I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
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eastwest
03-15 06:45 PM
What I understood from Ron's article:[LIST]
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
That was absolutely Hilarious...It takes an EB-3 to understand that statement.
Awesome...
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
That was absolutely Hilarious...It takes an EB-3 to understand that statement.
Awesome...
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fromnaija
03-18 04:53 PM
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
beautifulMind
10-05 10:32 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
lalithkx
08-19 11:54 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
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