justAnotherFile
03-19 11:02 PM
Please read section 405 of Bill Frists summary for his bill
http://frist.senate.gov/_files/031706section.pdf
It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.
for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.
it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.
my 2 cents
http://frist.senate.gov/_files/031706section.pdf
It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.
for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.
it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.
my 2 cents
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pkak
07-14 11:52 PM
How do you say Level III and Level IV is EB2, Mine is EB2 but it is Level II
http://www.foreignlaborcert.doleta.gov/wages.cfm
Level II (qualified) wage rates are assigned to job offers for qualified employees who have attained, either through education or experience, a good understanding of the occupation. They perform moderately complex tasks that require limited judgment. An indicator that the job request warrants a wage determination at Level II would be a requirement for years of education and/or experience that are generally required as described in the O*NET Job Zones.
http://www.foreignlaborcert.doleta.gov/wages.cfm
Level II (qualified) wage rates are assigned to job offers for qualified employees who have attained, either through education or experience, a good understanding of the occupation. They perform moderately complex tasks that require limited judgment. An indicator that the job request warrants a wage determination at Level II would be a requirement for years of education and/or experience that are generally required as described in the O*NET Job Zones.
Macaca
09-14 10:06 AM
If constructive thoughts are planted
positive outcomes
will be the result.
Plant the seeds of failure and
failure will follow
Sidney Madwed
positive outcomes
will be the result.
Plant the seeds of failure and
failure will follow
Sidney Madwed
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yanki
08-08 12:38 PM
I had H1 from company A with dates from 2005 to 2008. after working with Company A for one year, I moved to company B in 2006 (04/10/2006) and My H1 transfer with Company B is still pending. I got H1 RFE query from CSC last month with biglist of documents. Now I got news that CSC denied couple of H1s it seems recently..So can I ask company C to file H1 transfer petition so that even if CSC denies my H1 from Company B, I can maintain my legal H1 status. Or Can I ask Company B to file another H1 transfer petition at Vermont service center (because my company is in that region).
Please advise me on this...Thanks a alot in advance.
Please advise me on this...Thanks a alot in advance.
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GCwaitforever
06-20 10:27 AM
is UNLIKELY to pass at least in its current form. Public hospitals, underserved area clinics, Universities are not Google and Oracle!!! They'll go under if they have to pay 5000 $ for H1Bs. People probably don't have the faintest idea under what kind of financial strain these are. There will be exemptions for universities and non-profit organizations.
Just so that you know, Medical education is taken out of the eligibility criteria for H-1B visa with this new bill. They will have to go through J-1 strictly.
Just so that you know, Medical education is taken out of the eligibility criteria for H-1B visa with this new bill. They will have to go through J-1 strictly.
dilber
07-01 05:01 PM
I cannot believe that after everything that's happened over the last year or so, out of how many thousands of members of this group - just 199 of us called??
What are we doing as a group of people? Is it such a wonder that this country isn't moving on our immigration woes when we ourselves won't pick up the phone and talk to somebody about our troubles?
Wow-talk about complete and total apathy....I'm ashamed on behalf of each and every one those people who think they'll let someone else solve their problems - in which case I hope they don't ever complain about their lot in life. They have no right to.
Absolutely shameful...
If this is the level of participation we cannot and should not expect any thing. Just think about this there are a lot of anti's out there and they can and will vote. to offset that the volume of calls from us the non voters has to be substantially large. I called got my wife to call and a couple of friends I will try and talk to all my friends in TX to call as well. But that will just no cut it unless all of these 24000 so called members (I do not consider passive readers members.) will call and get all of their friends to call. I promise you when we get that level of participation whoever be the president, whomever hold the majority in House and / or senate our bills will be brought on the floor will be voted on, and will be signed by the president!!!
But until we do not have participation our voice will be small and nothing will be done. And we will keep on waiting forever...
Now go ahead and give me red dots. but my only request is please call and get your Husbands/Wifes/GF/BF to call. I will be happy with red dots if you at least call.
What are we doing as a group of people? Is it such a wonder that this country isn't moving on our immigration woes when we ourselves won't pick up the phone and talk to somebody about our troubles?
Wow-talk about complete and total apathy....I'm ashamed on behalf of each and every one those people who think they'll let someone else solve their problems - in which case I hope they don't ever complain about their lot in life. They have no right to.
Absolutely shameful...
If this is the level of participation we cannot and should not expect any thing. Just think about this there are a lot of anti's out there and they can and will vote. to offset that the volume of calls from us the non voters has to be substantially large. I called got my wife to call and a couple of friends I will try and talk to all my friends in TX to call as well. But that will just no cut it unless all of these 24000 so called members (I do not consider passive readers members.) will call and get all of their friends to call. I promise you when we get that level of participation whoever be the president, whomever hold the majority in House and / or senate our bills will be brought on the floor will be voted on, and will be signed by the president!!!
But until we do not have participation our voice will be small and nothing will be done. And we will keep on waiting forever...
Now go ahead and give me red dots. but my only request is please call and get your Husbands/Wifes/GF/BF to call. I will be happy with red dots if you at least call.
more...
copsmart
01-23 02:48 PM
Thank you!
>> Any location restrictions when using AC21?
No.
AC-21 job should be same/similar and must be full-time position.
____________________
Not a legal advice.
US Citizen of Indian Origin
>> Any location restrictions when using AC21?
No.
AC-21 job should be same/similar and must be full-time position.
____________________
Not a legal advice.
US Citizen of Indian Origin
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umndude
05-17 01:45 PM
Just did it. Very easy process. Thanks to IV.
Lakshman.
Lakshman.
more...
jchan
02-15 02:29 PM
Sorry, you totally got me wrong. What I suggested is that you may want to open a thread 'Campaign to remove the similar/same job requirements in AC21 cases', it can happen at the same time we request pre-application of AOS. This thread is for discussion of pre-application of AOS, so if this is not your goal, you may open a thread for your own goals, but please leave this thread to us to discuss the pre-application of AOS.
thank you.
I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.
Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.
Prefiling should be done to give relief to people who missed July fiasco only after
1. Remove\dilute same similar job requirement
2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)
Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.
thank you.
I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.
Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.
Prefiling should be done to give relief to people who missed July fiasco only after
1. Remove\dilute same similar job requirement
2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)
Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.
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veereddy
06-30 03:28 PM
Seems like USCIS worked over the weekend (TSC), my EAD approved on June 28 and my wife's on June 27. Our paper based applications received by TSC on June 4th.
Wife's Current Status: Card production ordered.
My Current Status: Approval notice sent.
I am not sure why status is different, any ideas?
Wife's Current Status: Card production ordered.
My Current Status: Approval notice sent.
I am not sure why status is different, any ideas?
more...
a_yaja
06-26 07:46 AM
I think the country based quota has been eliminated for the "merit based" quota. Am I missing something.
The original bill had a 10% per country cap. Don't think that has been removed in the new bill.
The original bill had a 10% per country cap. Don't think that has been removed in the new bill.
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dagabaaj
09-25 11:48 AM
Mark, point taken but I do believe if we can raise some stink then we should. The Law firms need to realise that the country club memebership is coming at the cost of some poor sap stuck in the immigration rut and all he/ she needs is kind words and sound advice. I shall stop my ranting about Fragomen after this post.
On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.
On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.
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piyushpan
03-17 02:53 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
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vjkypally
07-18 08:28 AM
Though bigtime's comment was inappropriate it was made in a thread for BEC victims and thus banning him was a complete mistake. There should be a certain criteria for banning people. I have been with iv for last 2 months and only issue I found is this intolerance for difference in opinion. I guess its ok to ban someone who 2 days back went on and on abt why spouses shouldnt get EAD etc, his general tone was completely against wht we all stand for. Yet I think he wasnt banned and this poor guy was banned when he just showed his frustration.
more...
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needhelp!
02-18 12:54 PM
CA - 1473
TX - 475
LA - 154
Tristate - 123
FL - 101
KY - 55, MN - 39, MD/DC/VA - 37, MO - 34, PA - 24, IL - 20, MI - 19, GA - 16, RI - 14, MA - 9, WA - 7, NC - 6, OH - 4, WI - 3, NH - 2, CO - 2, KS - 2, OR - 1, NV - 1, NM - 1, NE - 1, MS - 1, AZ - 1
TX - 475
LA - 154
Tristate - 123
FL - 101
KY - 55, MN - 39, MD/DC/VA - 37, MO - 34, PA - 24, IL - 20, MI - 19, GA - 16, RI - 14, MA - 9, WA - 7, NC - 6, OH - 4, WI - 3, NH - 2, CO - 2, KS - 2, OR - 1, NV - 1, NM - 1, NE - 1, MS - 1, AZ - 1
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GC20??
06-10 03:12 PM
More good news...
F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
Employment Fourth:
Worldwide: It may be necessary to establish a cut-off date for September.
Employment Fifth: Current
F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
Employment Fourth:
Worldwide: It may be necessary to establish a cut-off date for September.
Employment Fifth: Current
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leoindiano
04-17 10:16 AM
Not having greencard is like a handicap in this country.
Dont miss a chance to denounce this guy. Embarass them, show them you are "BITTER".
Dont miss a chance to denounce this guy. Embarass them, show them you are "BITTER".
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srinivas06
01-13 12:13 AM
I think it is better to try and see. It is totally ridiculous making people to wait for more than a decade to get GC. I will contribute $500 for this.
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texanmom
09-05 01:13 PM
Can someone makes sure that i get an appointment too. I have sent in my details to the email address provided, but no feedback. Just want to make sure that they have me on the radar.
ksircar
03-16 10:40 AM
The US Immigration Law is a nightmare.
Couple of years ago, I migrated to Australia.
The Australian laws are very clean and straight forward. There is only one application form with some very simple question and detailed instructions. Just fill up the form, enclose the necessary documents and fees. That's it. You are done. In due time they will let you know "YES" or "NO".
There is no need to feed fat-belly hungry sharks called "Immigration Attorneys" (of course there are exceptions).
Once your case is approved, you and your family are eligible for the all the rights (except Vioting Power) enjoyed by any Australian Citizen.
Once accepted, there is no official discrimination.
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
Couple of years ago, I migrated to Australia.
The Australian laws are very clean and straight forward. There is only one application form with some very simple question and detailed instructions. Just fill up the form, enclose the necessary documents and fees. That's it. You are done. In due time they will let you know "YES" or "NO".
There is no need to feed fat-belly hungry sharks called "Immigration Attorneys" (of course there are exceptions).
Once your case is approved, you and your family are eligible for the all the rights (except Vioting Power) enjoyed by any Australian Citizen.
Once accepted, there is no official discrimination.
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
gk_2000
05-24 05:36 PM
What is donor access? Can I have it too? I have contributed $100 (in this thread)..
And can you delete my red's?
And can you delete my red's?
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