raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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sixpockets
06-14 05:41 AM
I am also in the same boat, 140 was filed in March 07, file at TSC. The attorney never received the original LCA. Could not do premium processing for 140.
NOW the big question is, can I apply 485 since my PD is current now?
NOW the big question is, can I apply 485 since my PD is current now?
Blog Feeds
05-14 08:00 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhGTIXgMkLLheLh_giwx-1ySCdseK-lpBTV5rhH84Z9WO9Vep05mxGnxL8qvl0S5yWffgAgyWSulGXXSwM5TPKWpVjtw0PQwyDuCuJpUmGxCnZx0AssP6dcudlJdgMKa6t3S-XGY2QoBdY8/s320/Green+card+-+new.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhGTIXgMkLLheLh_giwx-1ySCdseK-lpBTV5rhH84Z9WO9Vep05mxGnxL8qvl0S5yWffgAgyWSulGXXSwM5TPKWpVjtw0PQwyDuCuJpUmGxCnZx0AssP6dcudlJdgMKa6t3S-XGY2QoBdY8/s1600/Green+card+-+new.JPG)
USCIS has announced that it has redesigned the Permanent Resident Card (green card) with enhanced security features - and a "new" color. For many years the card has been white, pink before that, and green a long time ago.
The new security features are described as follows:
Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
Existing card holders don't need to do anything. They will get new cards as they apply for renewals or replacements in the normal course.
For more information, see the USCIS press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) and the fact sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-2786729066335297862?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/05/green-card-to-be-green-again-in.html)
USCIS has announced that it has redesigned the Permanent Resident Card (green card) with enhanced security features - and a "new" color. For many years the card has been white, pink before that, and green a long time ago.
The new security features are described as follows:
Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
Existing card holders don't need to do anything. They will get new cards as they apply for renewals or replacements in the normal course.
For more information, see the USCIS press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) and the fact sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-2786729066335297862?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/05/green-card-to-be-green-again-in.html)
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ace007
06-10 02:27 PM
I don't understand whats problem with fragomen - they will do everything in paper - never e-file a thing. I see lot of people e-filed their I-140 and already got notice date (second day of efile)!
Mine is in EB2 case and I had sent all documents (VOEs, Letters from HR of prev employers, W2 and usual) while labor was being filed itself.
Mine is in EB2 case and I had sent all documents (VOEs, Letters from HR of prev employers, W2 and usual) while labor was being filed itself.
more...
andy garcia
02-18 02:25 PM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
NOOOOOOOOO WAY
There are too many people who want to come here.
How about US? Would US adopt this?
G.
NOOOOOOOOO WAY
There are too many people who want to come here.
gcseeker2002
04-13 08:56 PM
Is it enough to get 3 year extension with courtesy copy of I140 approval ? I am asking this because my company has just given the courtesy copy.
Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)
Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)
more...
redcard
09-18 11:37 AM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
If you have done your FP twice.. you need to have fun, relax and forget about 45 day letter.. you passed that stage long time back.. this is basically for people who have labor certification pending with BEC.. just in case you don't know what BEC is.. its the Back Log Elimination Center set up to clear labor applications filled under the old system�.. and in case you don't know what the old system is ...........ok� its $5 for every further clarification..
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
If you have done your FP twice.. you need to have fun, relax and forget about 45 day letter.. you passed that stage long time back.. this is basically for people who have labor certification pending with BEC.. just in case you don't know what BEC is.. its the Back Log Elimination Center set up to clear labor applications filled under the old system�.. and in case you don't know what the old system is ...........ok� its $5 for every further clarification..
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frostrated
07-21 09:59 AM
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
current job does not qualif for EB2, but you can use your experience to join a new employer and port to EB2.
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
current job does not qualif for EB2, but you can use your experience to join a new employer and port to EB2.
more...
memyselfandus
07-27 12:08 AM
You will receive the receipit with-in 3 months or at worst in 6 months and then the medical report.
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dan19
09-29 07:26 PM
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Do we need to get the passport renewed before it is expiring?
more...
needgreen
09-05 10:21 PM
Hello Madam/Sir,
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
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ramhs
02-20 12:50 AM
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
more...
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pcs
07-08 08:46 AM
We need to expose all these attorneys ( read blood suckers)
It can be easily done on IV
It can be easily done on IV
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bitzbytz
10-27 04:32 PM
For AC21, is it an issue if we accept a job in another state than the one where you filed for Perm
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sparuthi
08-21 05:58 PM
So guys just off the phone with a very decent IO at NSC . talked to her 30 mins, yes you are right 30 mins..which is unheard off..
the questions that I asked were very simple
Q1. Hello Maam, i would like to know the status of my I485
A1. This is not the place to ask for status
Q2: But, Maam, I wanted to know where my case stands as people with PDs and RDs later than mine (mine is March 2006 and July 26 2007) are being adjudicated
A2: Well, we cannot disclose anybody else's case, but each case is different, so we dont know
Q3: Okay, but can u tell me if my namecheck has been cleared (although i checked a week back and another IO told me it was cleared)
A3: No, for privacy purposes we cannot disclose this info
Q4: Okay then can you tell me why there was a LUD on my approved I40 on 7/13. (guess there were lots of us who had this)
A4: Yes, I can tell you that, what is your Receipt number
Q5. Here is my recpt number
A5: Okay it looks like your I140 was filed at Texas and they sent the file over to us. we consolidated that with your I485
Q6: Does that mean that my case is being worked upon
A6: No it does not mean that. This step is one of many many steps that are required for 485 processing. so this will not tell you anything
Q7: Is my case assigned to a IO
A7: No we cannot give this info, and even if you have this info, it is useless info as the center is going towards Backlog.
Q8: Then what is the meaning of processing dates as issued by USCIS
A8: They dont mean much,. they are just a gestimation of where things stand, and as off now the centers are facing backlog. there is lot of restructuring going on within the centers. The place to check is on the website., any change will be reflected there and it is upto date.
This was the gist of my call with the IO today.. w
What is the bottom line?
Sit tight and things will move only when USCIS wants.. nothing will happen otherwise..
so guys good luck to all of us.....
cheers
the questions that I asked were very simple
Q1. Hello Maam, i would like to know the status of my I485
A1. This is not the place to ask for status
Q2: But, Maam, I wanted to know where my case stands as people with PDs and RDs later than mine (mine is March 2006 and July 26 2007) are being adjudicated
A2: Well, we cannot disclose anybody else's case, but each case is different, so we dont know
Q3: Okay, but can u tell me if my namecheck has been cleared (although i checked a week back and another IO told me it was cleared)
A3: No, for privacy purposes we cannot disclose this info
Q4: Okay then can you tell me why there was a LUD on my approved I40 on 7/13. (guess there were lots of us who had this)
A4: Yes, I can tell you that, what is your Receipt number
Q5. Here is my recpt number
A5: Okay it looks like your I140 was filed at Texas and they sent the file over to us. we consolidated that with your I485
Q6: Does that mean that my case is being worked upon
A6: No it does not mean that. This step is one of many many steps that are required for 485 processing. so this will not tell you anything
Q7: Is my case assigned to a IO
A7: No we cannot give this info, and even if you have this info, it is useless info as the center is going towards Backlog.
Q8: Then what is the meaning of processing dates as issued by USCIS
A8: They dont mean much,. they are just a gestimation of where things stand, and as off now the centers are facing backlog. there is lot of restructuring going on within the centers. The place to check is on the website., any change will be reflected there and it is upto date.
This was the gist of my call with the IO today.. w
What is the bottom line?
Sit tight and things will move only when USCIS wants.. nothing will happen otherwise..
so guys good luck to all of us.....
cheers
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probe
09-04 02:25 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
more...
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Butters
04-24 06:34 PM
:thumb:
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485_spouse
06-07 01:09 PM
Ignore my question, found answer on following link
USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Helpful Hints
Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.
Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.
Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
- If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Helpful Hints
Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.
Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.
Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
- If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
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sparky_jones
06-02 10:27 AM
My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.
I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
imconfused
06-29 08:09 AM
my i-94 is abt to expire in 7.5 months time... due to passport expiry date, though my H1B is valid for 1+ more year...how soon can i renew my I-94,? I understand i have to renew my passport first in order to get the I-94 renewed.
ch102
02-22 08:43 AM
Over 500 Indian guest workers sue US company for human trafficking - The Times of India (http://timesofindia.indiatimes.com/nri/news/Over-500-Indian-guest-workers-sue-US-company-for-human-trafficking/articleshow/7548222.cms)
HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.
If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.
Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.
The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.
The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.
The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.
The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.
According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).
In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.
Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.
HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.
If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.
Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.
The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.
The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.
The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.
The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.
According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).
In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.
Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.
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