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Everything posted by catx

  1. catx

    Immigration Reform

    Respectfully, if you are in the U.S. you should learn your civics lessons. Executive action means what it says -- action by the executive branch of the U.S. federal government, and the executive branch is the president and his administration. (For reference, the legislative branch is Congress, and the judicial branch are the federal courts with the Supreme Court at the top.) When President Obama said "he would go it alone" referring to immigration reform, he was saying he would use his authority to issue executive actions to address immigration reform. That being said, presidential executive action is limited in what can be done. For example, presidential executive action cannot change immigration quotas specified in the immigration act. In other words, executive action cannot change or make laws. Only Congress can change or make laws through passing legislation.
  2. catx

    Immigration Reform

    The daily news is full of the reasons, in increasing impact ... Russia's aggressions against Ukraine, and the associated hostilities. ISIS / ISIL in Syria and Iraq, and the brutalities and unspeakable atrocities exacted upon two American journalists and other civilians in their occupied territories. The NATO summit this week, in which the above noted foreign affairs issues are front and center. The influx of unaccompanied minors and mothers from Guatemala, El Salvador, and Honduras at the U.S. southern border (so-called "humanitarian crisis"). Potential impact on the November 2014 mid-term elections. It is this last point that is particularly noteworthy. There is marked, if not significant, pressure within the Democratic party to delay any executive actions on immigration until after the November mid-term elections for fear of loosing vulnerable Senate seats to the Republicans, and thus loosing majority control in the Senate. If the Republicans win majority control in the Senate in November, and therefore would have the majority in both houses of Congress, then President Obama would have no legislative agenda (except to veto bills). Further, for those groups pressuring for executive action for illegal aliens, be careful what you wish for it may just come true. If President Obama issues executive actions for illegal aliens benefits, then there will be a Republican backlash. This could easily carry Republicans into majority control in the Senate. If this happens, one of the first bills to be passed by Congress would be to rescind those executive actions including DACA, and impose additional actions and penalties on all illegal aliens.
  3. If you find yourself in the situation where ... (1) an extension H visa petition was filed prior to your H visa expiration date, (2) your H visa has expired, and thus your driver license expired on the same date, and (3) your extension H visa has not yet been approved / the petition is still pending, then ... (I) You are in a 240 day period of authorized stay beyond your H visa expiration date, (II) you can get a driver license renewal for the 8 months, and (III) the driver license is a state (e.g. Texas DPS) matter, and calling the USCIS is of no use (e.g. there are no dates to correct). @jagankkirsh (and others), you will receive 1 or 2 letters from the Texas DPS. The first one maybe that the Texas DPS is submitting a request to the DHS to verify your status and you will hear back in 20 days. The important letter is that the Texas DPS has heard back from the DHS. After you receive this letter, you can go back down to the Texas DPS office with your USCIS receipt for your extension H visa petition, your expired H visa, passport, and expired driver license (and other immigration documents), and request a 8 month driver license renewal. You will still have to pay the full 6 year $25 fee. When your extension H visa is approved and you receive your new H visa, you can go back down to the Texas DPS office and get another driver license renewal to your new H visa expiration date (e.g. for 3 years). Again it will be the full 6 year $25 fee.
  4. catx

    Immigration Reform

    You need to do some more research on the administrative fixes to legal employment based immigration that are being contemplated for executive action before making such as statement. There is reporting through the AILA that Mr. Oppenheim, Chief of the Visa Control and Reporting Division at the Department of State, said that visa number recapture from previous years and having spouses and children dependent derivative visas not counted in the employment based (EB) category quotas would result in all of the EB visa categories immediately becoming current. This specifically applies to "current EB2 and EB3 people", including those "who have been waiting in line for more than 5 years". As for H-4 spouse employment authorization, it is a DHS / USCIS rule making proposal and process that has been ongoing for 2-1/2 years, outside of the any Administration executive action immigration 'fixes'. It will complete in the next few months regardless of President Obama, the Administration executive actions, the mid term elections. (Albeit, President Obama may 'role it into' his immigration 'fixes' to take credit for the action.)
  5. catx

    Immigration Reform

    That is hardly the sole purview of the Democrats -- the same thing can be said of the Republicans. When it comes to politics the age old "golden rule" applies ... "he who has the gold makes the rules". Also, why are you complaining? Recent news articles are suggesting that President Obama and the Administration are listening to business groups who are lobbying for (executive action) immigration fixes for legal aliens pursuing employment based permanent residency visas (green cards). Notably, the fixes being sought and contemplated are visa number recapture from previous years (estimated at 200,000 visas) and having spouses and children dependent derivative visas not counted in the employment based (EB) category quotas (estimated at ~80,000 visas / year). At the same time pressure is growing to limit and even defer administrative (executive action) 'fixes' (benefits) for illegal aliens because of the risk of losing control in the Senate. In other words, reasonable changes (fixes) for legal aliens is gaining favor, and 'fixes' (benefits) for illegal aliens is losing some momentum.
  6. catx

    Immigration Reform

    With respect to executive orders and immigration, from numerous sources it appears that President Obama is going to use the latitude availed him under proprietorial discretion to expand deferred action and employment authorization to certain groups of illegal (so-called undocumented) aliens, such as parents of U.S. citizen children and parents of DACA children. Unfortunately, and very regrettably, it does not appear that President Obama is going to anything to help legal aliens. While admittedly his options in this respect are more limited, there are constitutional scholars that submit he could tweak how the USCIS is interpreting and implementing the immigration act. One example is the USCIS application of "automatic" retention of a priority date for aged-out children under the CSPA. The administration through the Department of Justice took their case for a very narrow interpretation of the law all the way to the Supreme Court and won. In the ruling the Supreme Court did give the administration 'wiggle room' to change its interpretation to benefit all children who have aged-out. This could be an executive action benefiting some legal aliens. However, I have no expectation that is going to happen. (With respect to the Supreme Court challenge in the first place, shame on President Obama for aggressively denying immigration benefits to legal aliens while looking for ways to expand benefits for illegal aliens. Clearly President Obama's immigration actions are politically motivated to secure a voting block for Democrats. I used to believe President Obama leaned toward doing the right thing, not just the political thing, and his immigration actions would be a "tide that floated all boats", but that is looking less and less likely, and correspondingly he is more and more losing my support.) Regarding any broader executive actions, such as taking elements or otherwise leaning on elements of S. 744, those are not constitutionally legal options.
  7. JoeF I stand corrected, thank you. Regardless, I am transitioning off this forum as all I see is the same questions, issues, immigration abuses, etc. time after time with no end, and I am weary of the 'Don Quixote' effect. Time to move on and focus my time reading information from authoritative sources, and energies helping my son with his immigration status and getting his permanent residency.
  8. catx

    OPT STEM 17 months extension - RFE received

    The RFE would seem to be about providing evidence (documentation) that you were legitimately employed during the period in question, and did not exceed the 90 day unemployment limit while on OPT employment authorization. The documentation you outlined would seem sufficient evidence. However, as this is a public Internet forum, the best advise would be for you to review the RFE and your documentation with your employer's lawyer, who should be able and willing to help you. As for the second employment with an E-verified company, yes, the government has records that you were employed through the E-verify system. The information is that you were employed, but not the employment details such as salary. The USCIS will not have information from the IRS regarding your 1099.
  9. catx

    SSN with CPT

    CPT employment authorization by itself does not allow you to apply for a Social Security Number (SSN). You also need to have the job offer from the employer who is associated / affiliated with the university course that is the basis for the CPT employment authorization to apply for and receive a SSN. If you are using CPT employment authorization to work at an arbitrary job, then that is immigration abuse if not outright immigration fraud.
  10. You are correct, the answer to question 3(a) is No. The answer to question 3(b) is also No, as an I-140 petition is not an immigration petition. An immigration petition would be an I-485 adjustment of status application, which would be filed when the applicable priority date becomes current.
  11. My children attended university, starting on a H-4 visa, while I was waiting for my priority date to become current (even before we could file an I-485 adjustment of status application), and because of their time living in the state, graduating from high school in the state, they were eligible and received in-state tuition. The most important point to note is that the in-state tuition rules are per state, and vary from state to state. As for financial aid, federal assistance is only available for citizens and permanent residents. (It is not available while an I-485 adjustment of status application is in process / pending.) Some states have limited financial aid, scholarships, etc. for legal aliens through the university / college -- but it is usually not much, if any. Your only option is to check with the university / college financial aid office. Other than federal financial aid, the rules for tuition, assistance, etc. are per state and vary.
  12. The Texas DPS will only renew a non citizen's driver license if and when they clear legal immigration status verification by the DHS through the SAFE system.
  13. Nureya, you realize you are counseling committing immigration fraud, and what you suggest is grounds for deportation and an entry ban. Any school that provides an I-20 for a "dummy course" is also committing flagrant immigration fraud. Clearly you have little or no respect for the U.S. and are more than willing to break the law and recommend that others do so as well.
  14. catx

    Confused : Full time vs Consulting

    First caution is the expression "the grass is greener on the other side of the fence", which means the potential opportunity may look good from where you are, but can turn out to be not so good when you get there and see things first hand. Further, in my opinion, there are a number of caution 'flags' with the consulting company ... no medical, no 401K, no paid vacation time, and probably most telling -- saying they will use a leave of absence for vacation time and especially for bench time. This use of leave of absence is a violation of the H-1B immigration laws, regulations, and rules, fraudulent, and illegal. This is treating 'employees' (if you can call them that) as disposable at best. Personally, I would not take a position with such a consulting company, especially when you are working for a supportive employer as a full-time employee.
  15. You have to do it promptly. While that may not be immediately, it is in the order of days -- not weeks, and especially not months.
  16. catx

    Stemp-OPT-H1B pending/Change employee

    No, an H-1B visa petition that is pending subject to a RFE response review is a petition, not a visa. In the situation posted no H-1B visa has been approved and issued, so there is no H-1B visa to transfer to another employer or otherwise use. Your option with a new employer is for them to file a separate, entirely new H-1B visa petition next month (which could be hard given the short time frame).
  17. Yes, you have to always keep your employer apprised of your legal immigration / employment authorization status for their employment / human resource records, i.e. I-9 Employment Eligibility Verification form. This is mandatory, not optional. Employers are required by law to have this information in their records. This applies to work visas, working under an EAD, permanent residency ("green" card) -- all these are forms of USCIS employment authorization.
  18. catx

    F2 to H1b and I-9 verification

    You cannot work in any capacity on a F-2 visa -- it does not provide employment authorization in any form. The eligible for employment with DHS authorization on your social security card reflects this -- you have no DHS authorization for employment on a F-2 visa. In other words, working on a F-2 visa is illegal. An I-9 employment verification will return this fact, and you would be immediately dismissed by the employer. Your previous H-1B visa became null and void when your job with the sponsoring employer was done. All other previous visas are immaterial.
  19. Yes, you need to advise the USCIS of any and all address changes while your are on a permanent residency visa ("green" card). I was not aware of this requirement until my immigration attorney recently sent me a letter with the requirements as an U.S. permanent resident following myself and my wife and daughter receiving our permanent residency. I was well aware of most of the requirements after living in the U.S. for a number of years. However, I was not aware of needing to inform the USCIS of any changes of address.
  20. catx

    Passport Renewal Question

    For my home country I have applied for and received (renewed) my, my wife's, and my children's passports twice from the U.S. and both times have had no problems -- regular fees and processing time. The only 'issue' I ran into last time was that the photo size requirement for my home country is different than the U.S. and they are now strictly enforcing it, so it took some calling around to find a place where I could get the required size passport photos.
  21. catx

    120 day rule for F1

    The correct number is 30 days before the first day of the semester (start of classes) for your admission.
  22. catx

    I-130 filed for wife - Tax Return questions

    There are many complexities to tax laws with respect to foreign nationals and applicable tax treaties. Some of the questions would be in regards to whether your wife is working or not and filing taxes outside the U.S. or not. As posted you need to consult with a qualified, experienced tax accountant (not just specialist) to ensure you are filing your taxes correctly.
  23. catx

    changing location after 485 is approved.

    If your I-485 adjustment of status application has been approved and you have received your permanent resident ("green") card, then you are free to relocate (and even change positions) with your current employer at any time. Staying with your employer for the first 6 months is not an actual rule, regulation, or law, but more of a recommended practice. Receiving employer sponsored permanent residence ("green card") and then immediately changing employers can be seen an issue. However, that would not apply in this case as you are staying with the same employer. The location has no impact, nor require any filings, etc. (unlike when on a H-1B visa).
  24. "I understand that I need to apply for green card immediately which as a big long queue" -- you should start the permanent residency ("green card") process as soon as possible if that is your goal. There is no "need". You would come to the U.S. on an employer sponsored employment visa (probably H-1B). For most people the permanent residency process involves a number of steps that have to be filed and approved before you can apply for the actual permanent residency visa ("green card"). "Will I be in the British applications queue of Indian applications queue" -- your country of chargeability is your country of birth (not your country of current citizenship), so for U.S. immigration you will be in the Indian quotas.
  25. Yes, an I-129 petition for a H-1B extension visa and an I-539 application for a H-4 extension visa can be filed at the same time. The I-539 application for your wife will remain pending with final processing done after your I-129 petition has been approved by the USCIS. (Approval of the I-539 application for your wife will follow a few days to weeks after approval of your I-129 petition.) This is what has been done for myself and my wife and kids both times when filing H extension visa petitions / applications. Other than lengthy normal processing times there were no problems.