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  • Legal_In_A_Limbo
    04-28 08:27 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.





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  • calgirl
    05-25 07:50 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and 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).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and 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 described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.





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  • cagedcactus
    07-24 04:01 PM
    My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
    My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
    I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

    I need help from the GURUs here. Is the above possible?
    My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

    Please help me out. I need to act soon on this.
    Many thanks in Advance.......





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  • pmamp
    04-19 08:03 PM
    It ought to have some impact on members of Congress.

    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten



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  • nefrateedi
    08-29 12:03 PM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!

    When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.





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  • imind
    03-12 03:37 PM
    If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.

    Thanks.



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  • H1B2GC
    09-30 09:37 PM
    The H1B transfer should be ok based on the fact this person is with in 6 years. If the transfer is after 6 years based on either LC pending or LC and I-140 approved. The same should hold good for the transfer.

    This will not affect the greencard process even if USCIS finds this person changed jobs using H1B. The greencard is filed for future permanent job. According to USCIS, the term permanent means FOREVER. They can revoke the approved greencard if you change jobs immediately after approval.

    If you indend to change jobs use AC21 before greencard approval or wait for a year after the greencard approval.





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  • sweet_jungle
    01-10 04:39 AM
    I am interested in exploring the AC-21 option.
    My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.

    Any recommendation for AC-21 attorneys?

    Can an attorney force me to file AC-21 even if i dont want to?



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  • jamesingham
    08-14 07:58 PM
    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA





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  • busy
    03-08 10:05 PM
    Hi,

    My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.



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  • diptam
    08-14 03:58 PM
    This is going crazy - If your Receipt doesn't comes in another 3-4 weeks will you Diefard fans of Robin Williams planning to visit him or send him flowers ??

    We all are going nuts beyond limit - I'm not excluding myself :D

    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending





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  • rjgleason
    January 17th, 2005, 07:10 PM
    Thanks guys!

    Bob, I'm clueless on portrait photography, but they look very good to me! :)

    As far as the games is concerned, I try to keep the shutter speed at 1/500 or maybe 1/400 if necessary, to freeze motion reasonably well. There's still movement visible on sticks and pucks, but that's fine IMO. The arenas I've been to so far (small local areans for lower divisions) generally have poor lighting so... I usually get f/2-f/2.8 and 1/500 or thereabouts, and I'm still underexposing slightly. Use larger apertures and too much is OOF, the DOF is too shallow as it is. I'd love to try hockey in better light.

    EDIT: Forgot the lenses... most good ones seem to come from 300/2.8 (mostly from the seats as it's on the long side), 135/2 (best results so far) and 85/1.8. My 70-200/2.8 is a bit of a disappointment, it is nowhere near as good as the 135/2 when used wide open. I've also started playing around a bit with wide-angles, it can give you some unusual action shots as long as you have the nerve to remain by the boards when the players come storming by. :)

    Anders, I am sorry I piggybacked on your post......but thanks again for you tips.



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  • desijackass
    11-12 04:38 PM
    Also says no change expected in the coming months.
    See bottom of the bulletin.
    :(

    :mad:
    F. VISA AVAILABILITY IN THE COMING MONTHS

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two week





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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.



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  • ivar
    09-09 12:16 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?





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  • rkp27
    07-11 01:56 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.

    Friends

    Let behaves like a GENTALMAN... THIS POST WILL NOT HELP ANYBODY INLCUDING POSTER.

    hope this helps everybody who willing to post such frustration. Please keep all thoes with your self and dont bother others.

    DONT POST ANY MORE PLEASE, I THINK I DID MISTAKE BY WRITING. I THOUGHT THIS GOOD SITE/FORUM TO GET INFORMATION BUT I WAS WONG.

    GOD BLESS ALL OF YOU.



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  • spec1968
    10-26 09:55 AM
    Thanks for the responses. I was told that i can get extension upon approval of 140 as PD is less than 365 days. So i am looking for alternatives to stay legal until approval of 140.

    Seniors/Gurus help me out.
    Thanks





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  • sanju
    11-09 01:30 PM
    And is Bush the Hanuman?
    And McCain the Narad Muni?
    And Palin the Surpanakha?

    Who is Akbar?




    .





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  • ultimo
    10-18 12:45 PM
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks

    is there any LUD update on ur i485





    arindamb
    03-17 01:02 PM
    pardon me for the confusion. When I meant online notification I meant the USCIS case status service page at https://egov.uscis.gov/cris/jsps/index.jsp





    dixie
    06-20 01:56 PM
    :(

    I wish people here are more sympathetic to those who are ignorant about
    the gravity of the current situation.

    supers789,
    this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...

    Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.