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  • gc28262
    07-28 01:48 PM
    Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration;_ylt=AgcIIY.ht_GJNzOqM3G8sH 6s0NUE;_ylu=X3oDMTNta2N1b3FnBGFzc2V0A2FwLzIwMTAwNz I4L3VzX2FyaXpvbmFfaW1taWdyYXRpb24EY2NvZGUDbW9zdHBv cHVsYXIEY3BvcwMyBHBvcwM3BHB0A2hvbWVfY29rZQRzZWMDeW 5fdG9wX3N0b3J5BHNsawNqdWRnZWJsb2Nrc3A-)

    PHOENIX – A federal judge dealt a serious rebuke to Arizona's immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

    The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation's toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge's order overturned.

    But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person's immigration status while enforcing other laws.
    The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision.

    She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
    The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

    "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer told the Associated Press. "The bottom line is we've known all along that it is The responsibility of the feds and they haven't done their job so we were going to help them do that."
    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge's ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

    The crowed clapped and started chanting, "Migrants, hang on, the people are rising up!"
    Gisela and Eduardo Diaz went to the Mexican consulate in Phoenix on Wednesday seeking advice because they were worried about what would happen to their 3-year-old granddaughter if they were pulled over by police and taken to a detention center.
    "I knew the judge would say that part of the law was just not right," said Diaz, a 50-year-old from Mexico City who came to Arizona on a since-expired tourist visa in 1989. "It's the part we were worried about. This is a big relief for us."
    Opponents argued the law would lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
    "There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. She added that a requirement of the law that police determine the immigration status of all arrested people will prompt legal immigrants to be "swept up by this requirement."
    Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

    Bolton noted that the expected increase in immigration checks from Arizona will divert federal resources away from other priorities and said the federal government has shown that it's likely to succeed on its claim that such mandatory checks under the Arizona law would be trumped by federal law.

    Responding to the ruling, Justice Department spokeswoman Hannah August said that the agency understands the frustration of Arizona residents with the immigration system. She added that a wide range of state and local policies would seriously disrupt federal immigration enforcement.
    Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

    Brewer is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives. It's not yet clear how the ruling will affect her campaign, but her opponent was quick to pounce.
    "Jan Brewer played politics with immigration, and she lost," Arizona Attorney General Terry Goddard, a Democrat. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
    Republican Rep. John Kavanagh, one of the law's top supporters, said he was disappointed by the ruling and that he expects it to ultimately end up being decided by the U.S. Supreme Court.
    "I don't think the judge's statements in the hearings justify this ruling," Kavanagh said. "I don't think the law justified her injunction."





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  • karthkc
    03-18 05:19 PM
    Yha i got my EAD through Spouse.

    Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?

    Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.

    This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.

    If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.

    If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)

    As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!

    Thanks!





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  • skpanda
    05-17 07:03 PM
    This is a tricky situation. I would suggest you consult your attorney.

    Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

    In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

    Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

    Please update here about any new developments in your case!!

    All the very best!


    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help





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  • rheoretro
    11-07 02:18 PM
    cool

    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)



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  • tnite
    03-18 10:57 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?
    Some folks have had success at the infopass getting this information but for most cases they will not be able to tell you. The might be able to tell you if the file has been assigned or not.





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  • gchopeful
    07-17 07:03 PM
    After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.

    So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.


    I'm sorry, I think I misspoke.

    From the USCIS memo posted on AILA's website (ref: http://www.aila.org/content/default.aspx?docid=22912):

    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
    apply to all other applications filed on or after July 30, 2007).

    So I guess, the old fee will still apply even after July 30th for 485 filings.. and I guess no free EAD benefits will apply either. Sorry if I caused any confusion.



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  • yabadaba
    07-24 08:07 AM
    <^^^^^^>
    <> <>
    |
    ____





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  • vsrinir
    09-15 12:47 PM
    I support this Idea. Let us see how it works.

    I will Join in chat

    Thanks



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  • desi3933
    06-15 11:51 AM
    If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate

    No, the birth certificate (issued by Indian Consulate) is not acceptable as this is based on the entry made in passport, not on the basis of registered date of birth.

    You need birth certificate issued by municipality of the district. If it is not in English, then it has to be translated in English and notorized for true translation.

    Good Luck.


    ___________________
    Not a legal advice.





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  • rsharma
    10-11 09:08 PM
    I am in H1B and more than five years. My employer is a mid size
    private Indian company. They start bringing more and more L1B
    people and post them in client location. Their LCA is for 55K and they
    are paid only 30K even though the billing is in three digit. All the
    accomodation, per diem are paid by the client. We are into one of
    the XXX product and there is no custom product from our company.

    Whats the best way to deal with this guys. Whom should send I the
    complaint about this. What they are doing is a complete violation
    of law.

    So please guide and share you experience.

    P.S. If you dont have any information, please stay away. Do not
    start the H1 vs L1, Anti-immis troll alert. Thanks for your
    understanding. This has nothing to do with the L1 employees.

    Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

    These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

    I know there are some members in this forum who will try to shout you down and make you quite.

    But I feel if one believe in what is right then one should go ahead irrespective of what others think.



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  • makemygc
    06-22 11:26 AM
    Download trial version of Adobe Acrobat professional and you can very well save it.

    Along with the data you entered?? :confused:





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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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  • rayen
    05-06 06:04 PM
    Case: H1B transfer Denial

    One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
    Can he go back to previous employer ?
    Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
    Please let me know it is kind of urgent...





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  • Raj Iyer
    09-23 03:58 PM
    You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.



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  • wandmaker
    04-02 01:03 AM
    If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.

    The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.





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  • Ann Ruben
    04-20 05:44 PM
    Yes to both questions. You should also submit the fee rec't for the cos.



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  • FredG
    October 24th, 2004, 06:38 PM
    I wondered what the first would look like if the background (horizon) were hidden. Then you did exactly that in the second one. I think I like it better when you can see more of the background. Without that, I found myself wondering what the fence was hiding. I thought more about what wasn't there than about what was.

    The third is my favorite with a nice blend of colors as a backdrop for a story of numerous dead parts that used to be a functional whole.

    I found the green grass distracting in the last image. After thinking about it for a while, I decided it was a story of a structure at the end of its life. The green grass seemed out of place because it was too alive and too close. Similar comment on the white (ceramic?). Everything else is worn, faded, rusted. Not sure if that makes sense. But the only life in the picture is way out on the horizon, far removed from this remote graveyard.

    I like the setting. It reminds me of chasing pheasants in Iowa.





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  • sam2006
    10-01 08:10 PM
    Folks
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started


    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

    thanks





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  • nileshup
    09-25 04:50 PM
    I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.

    Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.

    Thanks,
    Nileshup





    H1Girl
    04-09 12:59 AM
    Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...





    qplearn
    10-02 03:47 PM
    If I-140 is withdrawn by the employer, one can not port the PD.
    I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?



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