priderock
05-31 03:43 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
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akmypoints
11-04 01:17 PM
anyone having inputs to the query below:
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
dupedinjuly
07-17 06:00 PM
Thats right. We have won a battle. We need to win the war. The visa numbers need to be recaptured for all the july I-485 to be finally adjudicated.
We need to celebrate but focus our energies on recapturing visa numbers going forward.
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
We need to celebrate but focus our energies on recapturing visa numbers going forward.
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
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calboy78
10-10 12:25 AM
Marry me...i like funny people......
/thread
LOLROTFL
Hope this is the first one :D USCIS does not want to give GC to those who will engage in polygamy :D
/thread
LOLROTFL
Hope this is the first one :D USCIS does not want to give GC to those who will engage in polygamy :D
more...
a_yaja
10-01 09:37 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
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
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
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
sanju
03-02 11:32 AM
This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.
I suggest you delete this thread as no wants to look at this.
.
I suggest you delete this thread as no wants to look at this.
.
more...
GCBoy786
07-05 08:00 PM
http://news.yahoo.com/s/afp/20070705/bs_afp/canadaussoftware_070705193651;_ylt=Ajatybf8w57Zhcm Lg8h8JH1Quk0A
Congress will not realize the importance of EB immigration until all of the s/w jobs are outsourced as manufacturing jobs...
Congress will not realize the importance of EB immigration until all of the s/w jobs are outsourced as manufacturing jobs...
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viper673
11-14 02:16 PM
Hello guys,
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
more...
bbenhill
12-02 07:42 PM
I guess the story was not clear :-)
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
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raj2007
07-20 01:21 PM
We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?
For BC you can use school leaving certificate with affadavits
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?
For BC you can use school leaving certificate with affadavits
more...
ilikekilo
05-04 03:46 PM
i know FRA is abig airport hwoever I think 2 hrs is fine..
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venky08
09-25 09:50 AM
this is a good find! they need to have 3 year extensions on EAD
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
more...
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purethoughts
01-24 12:00 PM
The cheapest way will be to give some $50-75 to the immigrationpro.com attorney. They will answer your questions through email. At least you have some opinion to verify with. I would also suggest to go through the yellow pages and find immigration lawyers who give you first hour free consultation. Do not rely on people like me for the prefessional opinion. Even though we have good things in mind, we are not prefessional lawyers. Get 4-5 professional opinion and then you will automatically know what is the truth.
Best luck !
Best luck !
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invincibleasian
01-14 07:52 PM
You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
more...
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indyanguy
07-01 12:30 PM
Bumping for help..Is my lawyer concern justified? I would like to know how and when does a new EB2 application affect a pending EB3 application. Would USCIS deny the EB3 application as it's not necessary anymore since I have a new EB2 job lined up?
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copsmart
10-09 10:26 AM
I haven't tried visitor/business visa, but I got a transit visa for Germany once with an expired H1B stamping in passport. I got that visa from German Counsulate in Boston, MA.
Hope this helps!
Hope this helps!
more...
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chanduv23
09-14 11:54 AM
Lou Dobbs And His Anti Immigrant Cronjies Already Spreading Roumors That Lot Of Immigrants From Countries Like India Are Illegal.
Lets Shut Their Mouths.
If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.
Lets Shut Their Mouths.
If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.
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Sri_
11-12 03:47 PM
My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(
wandmaker,
Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.
Thanks.
wandmaker,
Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.
Thanks.
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backtoschool
01-10 06:30 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
Help_Us
05-21 06:37 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
deecha
07-16 05:14 PM
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
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