ikass
05-29 08:18 AM
Hello IV members and leadership team,
I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:
1) Temporarily remove Per country quota for Employment -Based Green Card
2) Do not count dependents towards numerical visa count
3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
4) Do not tie EAD to specific company or wait six months in a position to change jobs
This four things can have a quick impact and give us all a temporary relief.
We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.
"SMALL CHANGE BIG IMPACT"
Thanks,
Giri
I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:
1) Temporarily remove Per country quota for Employment -Based Green Card
2) Do not count dependents towards numerical visa count
3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
4) Do not tie EAD to specific company or wait six months in a position to change jobs
This four things can have a quick impact and give us all a temporary relief.
We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.
"SMALL CHANGE BIG IMPACT"
Thanks,
Giri
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petersebastian
03-31 05:40 PM
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
jaggu bhai
08-10 09:18 AM
We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.
frostrated & smuggymba
Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....
U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).
And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!
Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.
Frostrated: College is only giving I 20 rest of the things we have to do ourselves.
frostrated & smuggymba
Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....
U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).
And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!
Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.
Frostrated: College is only giving I 20 rest of the things we have to do ourselves.
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Edison99
02-08 02:29 PM
Panel discussion � is good sign for clearing backlog. This kind effort took place in 2005/2006 and they cleared almost all Labor petitions. However some guys missed July 07 ship though :-(
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
more...
vts31
10-20 02:53 AM
about painter.
1. version 5 sux.
2. ive never used 7. but i think its pretty good.
i use 6.
1. version 5 sux.
2. ive never used 7. but i think its pretty good.
i use 6.
zigma
04-06 07:21 AM
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
more...
RNGC
01-26 03:49 PM
The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.
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dpp
07-11 11:06 AM
I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
more...
atulnayak1
02-19 12:03 PM
Franks Red Hot sauce, I put that sh&t on EVERYTHING!
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bfadlia
01-29 10:55 AM
Dear sansas,
We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.
Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.
Thanks
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.
Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.
Thanks
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
more...
eilsoe
10-03 01:41 PM
Yes... someone should start a SPAM thread...
to let off some agressions that is...
ahh what the h*ll.. we answered his question in the beginning...
to let off some agressions that is...
ahh what the h*ll.. we answered his question in the beginning...
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p7810456
01-10 03:53 PM
I applied mine on 11th of May, 2007.. EB3 India..
Got RFE on 4th of December, replied the same week, they got it on 27th of December. Online status says "Processing has resumed..!!!"
In RFE.. they asked for last year's W2 and my current paystub.
Still waiting..
Got RFE on 4th of December, replied the same week, they got it on 27th of December. Online status says "Processing has resumed..!!!"
In RFE.. they asked for last year's W2 and my current paystub.
Still waiting..
more...
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Calouste
07-28 08:20 PM
quite interesting find...do you have a reference?
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
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clear485
03-27 01:07 PM
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
more...
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trueguy
07-31 02:56 PM
From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.
Sorry but you guys seem to forget the fact that there were very few 2001, 2002 filers.
I dont know about 2003.
Sorry but you guys seem to forget the fact that there were very few 2001, 2002 filers.
I dont know about 2003.
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shana04
02-07 04:18 PM
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.
Do not worry.
And Finallly good luck to you.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.
Do not worry.
And Finallly good luck to you.
more...
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Sakthisagar
10-20 12:01 PM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
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lacrossegc
12-21 01:20 PM
Its in the Visa Bulletin itself
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
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gk_2000
08-10 03:14 PM
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
I hope I am DEAD WRONG. But this seems too good to be true!
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
I hope I am DEAD WRONG. But this seems too good to be true!
easygoer
02-27 11:41 AM
Very logical answer covering all the related issues
BornConfused
07-03 09:43 AM
I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:
Maybe a stinky garden weed. It's the thought that counts:D.
Maybe a stinky garden weed. It's the thought that counts:D.
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