test101
06-28 11:51 PM
I aske my lawyer to send the document on june 29th so it will reach july -1st or second. what happen if the USCIS recieve the document on july 1st?
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eb_retrogession
01-17 10:01 AM
An article in news talking about immigrtion reform bill:
http://www.bizjournals.com/houston/stories/2006/01/16/focus5.html?from_rss=1
The gist of it below:
Employers concerned about access to foreign-born talent at the higher-skill end of the scale may also find that the New Year brings good news, of a sort. If the border security and guest worker issues are dealt with early in the year, some in Congress are evidently preparing to try and "fix" the employment-based immigration system, originally designed in 1952, which has become close to unworkable.
However, a Congress fractured on immigration policy most likely lacks the political will to fully reengineer the system. Instead of a major renovation to make the U.S. competitive in the global market for highly skilled talent, there probably will be only the usual technical fixes around the edges.
Good post.
We need to be prepared whenever they decide to work on this. Our involvement may make a huge differecce with the "fixes". The can't fix anything unless they understand what needs to be fixed. We need to start educating the lawmakers.
http://www.bizjournals.com/houston/stories/2006/01/16/focus5.html?from_rss=1
The gist of it below:
Employers concerned about access to foreign-born talent at the higher-skill end of the scale may also find that the New Year brings good news, of a sort. If the border security and guest worker issues are dealt with early in the year, some in Congress are evidently preparing to try and "fix" the employment-based immigration system, originally designed in 1952, which has become close to unworkable.
However, a Congress fractured on immigration policy most likely lacks the political will to fully reengineer the system. Instead of a major renovation to make the U.S. competitive in the global market for highly skilled talent, there probably will be only the usual technical fixes around the edges.
Good post.
We need to be prepared whenever they decide to work on this. Our involvement may make a huge differecce with the "fixes". The can't fix anything unless they understand what needs to be fixed. We need to start educating the lawmakers.
gc_wow
09-23 09:21 PM
I have read on USCIS web site that it is a quarterly report, this strange report do not have a date on it saying when it was generated. If it is a quarterly report I dont understand why they ran it in the middle of a quarter? This report should be run at the end of the quarter. Not in 1600AD what USCIS considers to be 2009.
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whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
more...
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inderman
10-23 05:11 PM
try all routes possible... call ombudsman, call senator, email NSC , go for an Infopass...
Dosn't make sense to take the words as is... mite not b fully true...
Good Luck
Dosn't make sense to take the words as is... mite not b fully true...
Good Luck
apb
10-02 02:45 PM
Awaiting interview call when the dates are current.
more...
EB3Victim
06-29 04:19 PM
We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.
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aau
08-08 10:26 AM
This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.
Yes, promotions will qualify you and by promotion I mean a more Senior position, that needs more experience or an Advanced degree. Basically its just like you are applying for a NEW job altogether. You will need to file a new Labor and then I-140, but this time in EB2.
Yes, promotions will qualify you and by promotion I mean a more Senior position, that needs more experience or an Advanced degree. Basically its just like you are applying for a NEW job altogether. You will need to file a new Labor and then I-140, but this time in EB2.
more...
sidbee
09-24 01:22 PM
THe reason USCIS is showing low numbers for the reason that , no one will then raise the question for recpature. Looking at the numbers they will say, O, the numbers are so low, whats the need for recapture and we will be left hanging cold and dry.
This is a plot of a well planned strategy.
I don't think you should be drawing conclusions , or thinking of conspiracy theories.
This is a plot of a well planned strategy.
I don't think you should be drawing conclusions , or thinking of conspiracy theories.
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drirshad
02-25 01:55 PM
www.oh-law.com
Comprehensive Immigration Reform Act of 2006
02/24/2005: Sen. Arlen Specter's "Comprehensive Immigration Reform Act of 2006" Draft
AILA has obtained and summarized the draft of Senator Specter's draft of Comprehensive Immigration Reform Act of 2006, which will be introduced in the Senate Judiciary shortly (March 2, 2006). This is basically a Republican bill that put together various pending bills with some adjustments, such as the PACE Act, McCain-Kennedy bill, and other Comprehensive Immigration Reform bills. We are happy to report that when it comes to the employment-based immigration, this bill incorporates the following key elements:
Recapture of employment-based immigration visa numbers since FY 2001
Exempt from the employment-based numerical limitation of the spouses and children of the EB immigrants
Exempt from the employment-based numerical limitation for (1) the advanced degree holders in Science, Technology, Engineering, or Mathematics with 3 years of work experience in the major fields in the U.S., or (2) National Interest Waiver EB-2. (For comparison with other bills, please revisit our summary report on 08/18/2005 in the Breaking News Archive.
Increase of employment-based immigrant quota from 140,000 to 290,000 with the allocations in EB-1=15%, EB-2=15%, EB-3 Skilled Worker/Professional=35%, Other Worker (Unskilled)=Upto 30%, and EB-4 Investor Immigrant=5%.
Special green card eligibility for the U.S. Doctorate Degree holders under the new F-4 visa program in Mathematics, Engineering, Technology or Physical Sciences with full full-time employment
Increase of H-1B annual quota from 65,000 to 115,000 or a market-based increase beyond 115,000
H-1B cap exempt for those advanced degree holders in the fields of Science, Technology, Engineering or Mathematics (not limited to the U.S. degree holders)
New F-4 visa for those pursuing advanced degree program in Mathematics, Engineering, Technology or Physical Sciences with the accompanying benefits of "intending immigrant" in certain cases, special handling labor certification application for immigration, and for the doctoral degree holders in the U.S., green-card eligibility
OPT period change for all the F-1 students from the current 12 months to 24 months and off-campus employment opportunity unrelated to the filed of study on or off academic terms under certain conditions.
Comprehensive Immigration Reform Act of 2006
02/24/2005: Sen. Arlen Specter's "Comprehensive Immigration Reform Act of 2006" Draft
AILA has obtained and summarized the draft of Senator Specter's draft of Comprehensive Immigration Reform Act of 2006, which will be introduced in the Senate Judiciary shortly (March 2, 2006). This is basically a Republican bill that put together various pending bills with some adjustments, such as the PACE Act, McCain-Kennedy bill, and other Comprehensive Immigration Reform bills. We are happy to report that when it comes to the employment-based immigration, this bill incorporates the following key elements:
Recapture of employment-based immigration visa numbers since FY 2001
Exempt from the employment-based numerical limitation of the spouses and children of the EB immigrants
Exempt from the employment-based numerical limitation for (1) the advanced degree holders in Science, Technology, Engineering, or Mathematics with 3 years of work experience in the major fields in the U.S., or (2) National Interest Waiver EB-2. (For comparison with other bills, please revisit our summary report on 08/18/2005 in the Breaking News Archive.
Increase of employment-based immigrant quota from 140,000 to 290,000 with the allocations in EB-1=15%, EB-2=15%, EB-3 Skilled Worker/Professional=35%, Other Worker (Unskilled)=Upto 30%, and EB-4 Investor Immigrant=5%.
Special green card eligibility for the U.S. Doctorate Degree holders under the new F-4 visa program in Mathematics, Engineering, Technology or Physical Sciences with full full-time employment
Increase of H-1B annual quota from 65,000 to 115,000 or a market-based increase beyond 115,000
H-1B cap exempt for those advanced degree holders in the fields of Science, Technology, Engineering or Mathematics (not limited to the U.S. degree holders)
New F-4 visa for those pursuing advanced degree program in Mathematics, Engineering, Technology or Physical Sciences with the accompanying benefits of "intending immigrant" in certain cases, special handling labor certification application for immigration, and for the doctoral degree holders in the U.S., green-card eligibility
OPT period change for all the F-1 students from the current 12 months to 24 months and off-campus employment opportunity unrelated to the filed of study on or off academic terms under certain conditions.
more...
vdlrao
04-02 05:27 AM
Do you have any idea, how many cases get approved per month.
Don't know.
Don't know.
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chanduv23
10-29 07:31 AM
Dear IVans - there will be more discussions and analysis coming on IV in the coming days.
At this time, please participate actively in this campaign.
If anyone thinks that this does not affect me because my ex employer won't revoke 140 or I am having US masters or I work for best company or I have unique skills and whatever you think , you are making a big mistake by taking this issue for granted.
AC21 Memos (Yates & Aytes Memos) are not legally binding. They are just USCIS guidelines and not legally-binding (on USCIS) regulations.
So, potentially anyone can be a victim.
At this time, please participate actively in this campaign.
If anyone thinks that this does not affect me because my ex employer won't revoke 140 or I am having US masters or I work for best company or I have unique skills and whatever you think , you are making a big mistake by taking this issue for granted.
AC21 Memos (Yates & Aytes Memos) are not legally binding. They are just USCIS guidelines and not legally-binding (on USCIS) regulations.
So, potentially anyone can be a victim.
more...
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pshaikh
12-17 12:50 PM
All - I see a lot of "views" but no replies...
Please enter the info even if you have not received the passport yet.
eg:
Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
other details: <.....................>
Any info. would be helpful at this time ... thanks!!!
Please enter the info even if you have not received the passport yet.
eg:
Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
other details: <.....................>
Any info. would be helpful at this time ... thanks!!!
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sri1309
01-09 04:03 PM
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
Its better not to create the same question again. Please do. This is our chance.. Let us be heard.
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
Its better not to create the same question again. Please do. This is our chance.. Let us be heard.
more...
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gc_us
09-14 11:21 PM
I am in the same boat.
My case was received at NSC by J. Barrett @ 10:25 AM
140 approved from TSC
I had LUD on my I-140 as 7/28/2007
485 Receipt notice / EAD / FP - pending
My case was received at NSC by J. Barrett @ 10:25 AM
140 approved from TSC
I had LUD on my I-140 as 7/28/2007
485 Receipt notice / EAD / FP - pending
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chanduv23
01-10 04:35 PM
Grow-Up guys and gals!!! There is no point I am right and you are wrong fight. Make this effort successful. Take a chill pill. Relax & enjoy the life.
Who are u referring to
Who are u referring to
more...
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perm
06-19 09:36 AM
What should be the answer to this question on I-485 part 2- out of following 2 options for my dependents ? to me it seems #b is the right answer for my family members 485 and #a for me. BUt some how teh legal guys are changing this from #b to #a for my dependents!!
a. an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
b.an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
In your post both #a and #b are the same text. anyways. any updates on this one? I also have the same question
a. an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
b.an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
In your post both #a and #b are the same text. anyways. any updates on this one? I also have the same question
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aruny5
09-09 01:49 PM
called...
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
called these 5 representative during lunch time. Operator who picks the phone is taking messages by him / her self. I think they are getting lots of calls (most probably from NumbersUSA). These operators won't let you speak for more than 1 min.
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
called these 5 representative during lunch time. Operator who picks the phone is taking messages by him / her self. I think they are getting lots of calls (most probably from NumbersUSA). These operators won't let you speak for more than 1 min.
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coopheal
11-05 12:04 AM
Sent letters on election day.
Saralayar
01-05 05:43 PM
Thought this was stupid idea about couple of years back, looks like its not that bad! Every one likes it and wants it!
2 years back we did not think about the future. Just only about the GC and we forgot how many years we are living in this country...
2 years back we did not think about the future. Just only about the GC and we forgot how many years we are living in this country...
FinalGC
08-12 03:20 PM
Congrats FinalGC..
Did you do something. I am from NJ too. Did you contact any congressmen or senators from NJ?
I am currently in Michigan...I only opened a SR on 8/5, nothing else. Had a letter for my son's FP on 7/20, since he turned 14 this year; when we did in 10/2007, they only took a thumb print for my son, since he was under age.
Did you do something. I am from NJ too. Did you contact any congressmen or senators from NJ?
I am currently in Michigan...I only opened a SR on 8/5, nothing else. Had a letter for my son's FP on 7/20, since he turned 14 this year; when we did in 10/2007, they only took a thumb print for my son, since he was under age.