sobers
02-09 04:10 PM
While we all know loony loo tends to primarily go after illegals, we also are well aware of his anti-immigration stance and anti-H1B tirade.
Southern Poverty Law Center, a respected civil rights group from the MLK era, operates an "Immigration Watch".
This is what they said about him:
Broken Record
Lou Dobbs' daily 'Broken Borders' CNN segment has focused on immigration for years. But there's one issue Dobbs just won't take on.
Lou Dobbs is a genial sort, a pleasant-faced CNN anchorman who regularly presents himself as standing up for American working men and women against those who would injure them. Hosting "Lou Dobbs Tonight" for a prime-time hour every weekday, he is also well known and powerful. So when Dobbs focuses on an issue, millions of Americans learn just what it is that Dobbs thinks they should know.
For more than two years now, Dobbs has served up a populist approach to immigration on nightly segments of his newscast entitled "Broken Borders." He has relentlessly covered the issue, although hardly from a traditional news perspective -- Dobbs favors clamping down on illegal immigration, and his "reporting" never fails to make that clear. He has covered the same issues, and the same anti-immigration leaders, time after time after time. In recent months, Dobbs has run countless upbeat reports on the "citizen border patrols" that have sprung up around the country since last April's Minuteman Project, a paramilitary effort to seal the Arizona border.
But there's one thing Lou Dobbs won't do. No matter what others report about the movement, Dobbs has failed to present mounting and persistent evidence of anti-Hispanic racism in anti-immigration groups and citizen border patrols.
It's not that Dobbs hasn't allowed a pro-immigration activist or two to complain about efforts like the Minuteman Project ("vigilantes," according to President Bush), or even that he has made racist statements on his show. What the anchorman has done is repeatedly decline to present the evidence that links these groups to racism, calling the very idea "mind-boggling." On his July 29 show, he called the ACLU and the Southern Poverty Law Center, which he said he liked in other ways, "despicable" and "reprehensible" for saying otherwise.
Consider some of what Dobbs has failed to report, despite the fact that in almost every case these developments were reported widely elsewhere:
GLENN SPENCER, head of the anti-immigration American Patrol, has been interviewed at least twice on the show, on Jan. 7 and June 4, 2004. Spencer's Web site is jammed with anti-Mexican vitriol and he pushes the idea that the Mexican government is involved in a secret plot to take over the Southwest -- facts never mentioned on Dobbs' show. Spencer's group is regarded as a hate group by both the Southern Poverty Law Center and the Anti-Defamation League. Spencer has spoken at least twice to the white supremacist Council of Conservative Citizens, which has described blacks as "a retrograde species of humanity," and once to American Renaissance, a group that contends that blacks are genetically inferior to whites. Dobbs has never reported those ties, or mentioned Spencer's more wild-eyed contentions, such as his prediction that "thousands will die" in a supposedly forthcoming Mexican invasion. His CNN colleague Wolf Blitzer, on the hand, featured Spencer on his own show but reported Mexico's official response and SPLC's hate group designation.
In late 2004, it was revealed that the new head of a national advisory board to Protect Arizona Now, an anti-immigration organization, was a long-time white supremacist who was also an editorial adviser to the racist Council of Conservative Citizens. Although VIRGINIA ABERNETHY's controversial selection was reported prominently in virtually every Arizona paper -- and despite the fact that Dobbs heavily covered the anti-immigration referendum that Protect Arizona Now was advocating -- Dobbs never mentioned the affair at all.
A man named JOE MCCUTCHEN was quoted last April as part of a feature on the Minuteman Project, described by Dobbs as "a terrific group of concerned, caring Americans." No mention was made of the fact that McCutchen, who heads up an anti-immigration group called Protect Arkansas Now, had written a whole series of anti-Semitic letters to the editor and given a speech to the Council of Conservative Citizens -- facts revealed the prior January by SPLC, causing Arkansas' Republican governor to denounce McCutchen's group.
This August, BILL PARMLEY, a Minuteman leader in Goliad County, Texas, quit the group because of what he described as widespread racism. Similarly, in September, newspapers reported that another Texas Minuteman, Janet Ahrens, had resigned because members "wanted to shoot the taco meat." Dobbs never mentioned either of these people, who were featured prominently elsewhere.
On Oct. 4, Dobbs had PAUL STREITZ, a co-founder of Connecticut Citizens for Immigration Control, as a guest on his show. Streitz denounced Mayor John DeStefano Jr. for "turning New Haven into a banana republic" by favoring identification cards for undocumented workers. Two days later, newspapers revealed that two of the group's other founders had just quit, saying Streitz had led it in a racially charged direction. Dobbs has never reported this.
BARBARA COE, leader of the California Coalition for Immigration Reform, was quoted on a show last March bitterly attacking Home Depot for "betray[ing] Americans," apparently because Hispanic day laborers often gather in front of the store looking for work. Not mentioned were her group, listed by the SPLC as a hate group, or the fact that she routinely refers to Mexicans as "savages." Coe recently described herself as a member of the Council of Conservative Citizens, a "white pride" group formed from the remnants of the segregationist White Citizens Councils of the 1950s and 1960s that were once described by Thurgood Marshal as "the uptown Klan." She also told The Denver Post in November that she had given a speech to the group.
CHRIS SIMCOX, co-founder of the Minuteman Project and a top national anti-immigration leader, was arrested in 2003 by federal park rangers for carrying a weapon illegally while tracking border-crossers on federal parkland. While Simcox has been repeatedly interviewed on his show, Dobbs has failed to mention that arrest or bigoted anti-Hispanic comments Simcox made to the Intelligence Report several years ago.
Although Dobbs has steered clear of the racist comments that some of his guests have made elsewhere, he has warned of "illegal aliens who not only threaten our economy and security, but also our health and well-being," according to Fairness & Accuracy in Reporting (FAIR), a media monitor. In 2003, FAIR added, a reporter on Dobbs' show grossly mischaracterized a National Academy of Sciences report. The report found that immigrants provided a net gain of $1 billion to $10 billion to the U.S. gross domestic product, but the CNN reporter said the report had found the economic impact of immigrants worked out to a net loss of up to $10 billion.
Dobbs is revered in anti-immigration quarters and on the far right generally. He is the winner of the 2004 Eugene Katz Award for Excellence in the Coverage of Immigration, given by the Center for Immigration Studies (CIS). CIS claims to be a "nonpartisan research institute," but in fact is a thinly disguised anti-immigration organization. The 2005 Katz Award went to the immigration beat reporter for The Washington Times, a hard-right newspaper based in Washington, D.C.
In general, Lou Dobbs has declined to report salient negative facts about anti-immigration leaders he approves of, or simply avoided mentioning certain of their views -- notably the conspiracy theories propounded by people like Spencer.
Still, Dobbs is hardly immune to the lure of the weird. Last September, he offered up Idaho meteorologist Scott Stevens as a guest on his show. Stevens had just left an Idaho television news program immediately after telling viewers of a bizarre theory that Hurricane Katrina was caused by unknown evildoers. "Terrorists were engaging in a type of eco-terrorism where they could alter the climate, set off earthquakes and volcanoes," he told Dobbs. Stevens said they were using "scalar waves," invented by the Japanese, to attack America with Category 5 storms.
"Intriguing assertion," Dobbs concluded at the end of the interview. Much the same might be said, and in the same spirit, about the news "reporting" that Dobbs presents as he doggedly explores and supports the anti-immigration movement.
http://www.splcenter.org/intel/intelreport/article.jsp?aid=589
Southern Poverty Law Center, a respected civil rights group from the MLK era, operates an "Immigration Watch".
This is what they said about him:
Broken Record
Lou Dobbs' daily 'Broken Borders' CNN segment has focused on immigration for years. But there's one issue Dobbs just won't take on.
Lou Dobbs is a genial sort, a pleasant-faced CNN anchorman who regularly presents himself as standing up for American working men and women against those who would injure them. Hosting "Lou Dobbs Tonight" for a prime-time hour every weekday, he is also well known and powerful. So when Dobbs focuses on an issue, millions of Americans learn just what it is that Dobbs thinks they should know.
For more than two years now, Dobbs has served up a populist approach to immigration on nightly segments of his newscast entitled "Broken Borders." He has relentlessly covered the issue, although hardly from a traditional news perspective -- Dobbs favors clamping down on illegal immigration, and his "reporting" never fails to make that clear. He has covered the same issues, and the same anti-immigration leaders, time after time after time. In recent months, Dobbs has run countless upbeat reports on the "citizen border patrols" that have sprung up around the country since last April's Minuteman Project, a paramilitary effort to seal the Arizona border.
But there's one thing Lou Dobbs won't do. No matter what others report about the movement, Dobbs has failed to present mounting and persistent evidence of anti-Hispanic racism in anti-immigration groups and citizen border patrols.
It's not that Dobbs hasn't allowed a pro-immigration activist or two to complain about efforts like the Minuteman Project ("vigilantes," according to President Bush), or even that he has made racist statements on his show. What the anchorman has done is repeatedly decline to present the evidence that links these groups to racism, calling the very idea "mind-boggling." On his July 29 show, he called the ACLU and the Southern Poverty Law Center, which he said he liked in other ways, "despicable" and "reprehensible" for saying otherwise.
Consider some of what Dobbs has failed to report, despite the fact that in almost every case these developments were reported widely elsewhere:
GLENN SPENCER, head of the anti-immigration American Patrol, has been interviewed at least twice on the show, on Jan. 7 and June 4, 2004. Spencer's Web site is jammed with anti-Mexican vitriol and he pushes the idea that the Mexican government is involved in a secret plot to take over the Southwest -- facts never mentioned on Dobbs' show. Spencer's group is regarded as a hate group by both the Southern Poverty Law Center and the Anti-Defamation League. Spencer has spoken at least twice to the white supremacist Council of Conservative Citizens, which has described blacks as "a retrograde species of humanity," and once to American Renaissance, a group that contends that blacks are genetically inferior to whites. Dobbs has never reported those ties, or mentioned Spencer's more wild-eyed contentions, such as his prediction that "thousands will die" in a supposedly forthcoming Mexican invasion. His CNN colleague Wolf Blitzer, on the hand, featured Spencer on his own show but reported Mexico's official response and SPLC's hate group designation.
In late 2004, it was revealed that the new head of a national advisory board to Protect Arizona Now, an anti-immigration organization, was a long-time white supremacist who was also an editorial adviser to the racist Council of Conservative Citizens. Although VIRGINIA ABERNETHY's controversial selection was reported prominently in virtually every Arizona paper -- and despite the fact that Dobbs heavily covered the anti-immigration referendum that Protect Arizona Now was advocating -- Dobbs never mentioned the affair at all.
A man named JOE MCCUTCHEN was quoted last April as part of a feature on the Minuteman Project, described by Dobbs as "a terrific group of concerned, caring Americans." No mention was made of the fact that McCutchen, who heads up an anti-immigration group called Protect Arkansas Now, had written a whole series of anti-Semitic letters to the editor and given a speech to the Council of Conservative Citizens -- facts revealed the prior January by SPLC, causing Arkansas' Republican governor to denounce McCutchen's group.
This August, BILL PARMLEY, a Minuteman leader in Goliad County, Texas, quit the group because of what he described as widespread racism. Similarly, in September, newspapers reported that another Texas Minuteman, Janet Ahrens, had resigned because members "wanted to shoot the taco meat." Dobbs never mentioned either of these people, who were featured prominently elsewhere.
On Oct. 4, Dobbs had PAUL STREITZ, a co-founder of Connecticut Citizens for Immigration Control, as a guest on his show. Streitz denounced Mayor John DeStefano Jr. for "turning New Haven into a banana republic" by favoring identification cards for undocumented workers. Two days later, newspapers revealed that two of the group's other founders had just quit, saying Streitz had led it in a racially charged direction. Dobbs has never reported this.
BARBARA COE, leader of the California Coalition for Immigration Reform, was quoted on a show last March bitterly attacking Home Depot for "betray[ing] Americans," apparently because Hispanic day laborers often gather in front of the store looking for work. Not mentioned were her group, listed by the SPLC as a hate group, or the fact that she routinely refers to Mexicans as "savages." Coe recently described herself as a member of the Council of Conservative Citizens, a "white pride" group formed from the remnants of the segregationist White Citizens Councils of the 1950s and 1960s that were once described by Thurgood Marshal as "the uptown Klan." She also told The Denver Post in November that she had given a speech to the group.
CHRIS SIMCOX, co-founder of the Minuteman Project and a top national anti-immigration leader, was arrested in 2003 by federal park rangers for carrying a weapon illegally while tracking border-crossers on federal parkland. While Simcox has been repeatedly interviewed on his show, Dobbs has failed to mention that arrest or bigoted anti-Hispanic comments Simcox made to the Intelligence Report several years ago.
Although Dobbs has steered clear of the racist comments that some of his guests have made elsewhere, he has warned of "illegal aliens who not only threaten our economy and security, but also our health and well-being," according to Fairness & Accuracy in Reporting (FAIR), a media monitor. In 2003, FAIR added, a reporter on Dobbs' show grossly mischaracterized a National Academy of Sciences report. The report found that immigrants provided a net gain of $1 billion to $10 billion to the U.S. gross domestic product, but the CNN reporter said the report had found the economic impact of immigrants worked out to a net loss of up to $10 billion.
Dobbs is revered in anti-immigration quarters and on the far right generally. He is the winner of the 2004 Eugene Katz Award for Excellence in the Coverage of Immigration, given by the Center for Immigration Studies (CIS). CIS claims to be a "nonpartisan research institute," but in fact is a thinly disguised anti-immigration organization. The 2005 Katz Award went to the immigration beat reporter for The Washington Times, a hard-right newspaper based in Washington, D.C.
In general, Lou Dobbs has declined to report salient negative facts about anti-immigration leaders he approves of, or simply avoided mentioning certain of their views -- notably the conspiracy theories propounded by people like Spencer.
Still, Dobbs is hardly immune to the lure of the weird. Last September, he offered up Idaho meteorologist Scott Stevens as a guest on his show. Stevens had just left an Idaho television news program immediately after telling viewers of a bizarre theory that Hurricane Katrina was caused by unknown evildoers. "Terrorists were engaging in a type of eco-terrorism where they could alter the climate, set off earthquakes and volcanoes," he told Dobbs. Stevens said they were using "scalar waves," invented by the Japanese, to attack America with Category 5 storms.
"Intriguing assertion," Dobbs concluded at the end of the interview. Much the same might be said, and in the same spirit, about the news "reporting" that Dobbs presents as he doggedly explores and supports the anti-immigration movement.
http://www.splcenter.org/intel/intelreport/article.jsp?aid=589
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anishNewbie
09-10 02:54 PM
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
HereIComeGC
12-12 03:52 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.
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StuckInTheMuck
07-11 12:27 PM
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify?
You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.
You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.
more...
Canadian_Dream
11-17 12:38 PM
Thread: If EB Reform happens it will happen in 2007
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
bang
01-09 06:41 AM
Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.
We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.
We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.
more...
InTheMoment
03-19 01:51 AM
That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
Good observation, although I totally support this clause to oppose automatic citizenship.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
Good observation, although I totally support this clause to oppose automatic citizenship.
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EB3_SEP04
08-27 08:08 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
I don't think OP can do that, because I140 does not belong to you, it belongs to the company.
correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.
I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
I don't think OP can do that, because I140 does not belong to you, it belongs to the company.
correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.
I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).
more...
greenguru
04-01 12:26 AM
Sure.. I was having the same question.
Here is how it happens,
1. When you file for your I-140 Under EB2 you also provide the A#
2. So when your I-140 gets approved your 485 case will automatically know about this.
What you have do
1. Go to InfoPass and verify that your new I-140 is present on your application.
2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
3. your case will be approved in 25 days.
For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.
Cheers, GG
Here is how it happens,
1. When you file for your I-140 Under EB2 you also provide the A#
2. So when your I-140 gets approved your 485 case will automatically know about this.
What you have do
1. Go to InfoPass and verify that your new I-140 is present on your application.
2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
3. your case will be approved in 25 days.
For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.
Cheers, GG
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jayleno
12-12 12:56 PM
If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
more...
felix31
08-08 10:41 PM
Yep.. Cheer up however we can.
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
LOL
good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?
Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
LOL
good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?
Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:
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iq5203
01-20 07:10 PM
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
more...
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casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
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webm
02-14 09:28 AM
"If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."
I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.
HTH,
I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.
HTH,
more...
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joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
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zCool
03-20 04:43 PM
IF USCIS revokes 140 for fraud, you got 2 issues
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
more...
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little_willy
09-14 03:45 PM
The interview with Jay about the rally just started.
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kaisersose
04-16 03:11 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
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immi_enthu
12-28 09:39 AM
Which world are u? These dates are there online for more than 2 weeks now.
They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?
Look for the first news item posted today at : http://www.immigration-law.com/Canada.html
They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?
Look for the first news item posted today at : http://www.immigration-law.com/Canada.html
paulinasmith
08-10 09:05 PM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
japs19
07-17 07:54 PM
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
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