nk2006
04-03 05:56 PM
?? A new bill in senate to reform H1B ???
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
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njboy
09-26 11:49 AM
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
go_gc_way
12-11 03:34 PM
First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.
Until then, there is no point in having any discussion on this.
I second all , who want to contact USCIS for this. We can take out this from our wish list for a bill.
Until then, there is no point in having any discussion on this.
I second all , who want to contact USCIS for this. We can take out this from our wish list for a bill.
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ndbhatt
06-10 09:04 PM
I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
more...
jcmenon
07-24 10:54 AM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Humhongekamyab
03-09 01:18 PM
Guys,
I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.
9 years and counting.
I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.
9 years and counting.
more...
Administrator2
04-20 03:11 PM
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
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yabayaba
06-11 10:41 AM
Done
more...
kondur_007
04-09 06:22 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
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amitpan007
06-06 11:54 AM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.
more...
gc_wow
03-09 12:37 PM
why did row eb3 gone back 2 years?
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desibechara
10-12 03:39 PM
I am..
EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9
I understand lot of people are anxious about GC..but look at dates!!!
Its been 6 years..
DB
EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9
I understand lot of people are anxious about GC..but look at dates!!!
Its been 6 years..
DB
more...
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eb3_nepa
07-28 05:22 PM
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
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ronhira
04-11 06:05 PM
Good point. I appreciate your hard work.
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
more...
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atleasth1b
08-22 05:13 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
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mirage
02-08 05:49 PM
we are having a conference call at 6 PM EST today, please me for conf. cal details..
Thanks
Thanks
more...
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prioritydate
12-20 08:42 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
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gconmymind
07-14 06:36 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
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gcdreamer05
03-19 07:29 AM
This is the power of Immigration Voice. Not everyone has the knowledge of all these situations, so we need to gain knowledge from the past experience of others.
I am sure thread's like this will help a lot of people who have plans to join few Full Time Employees who promise but cannot keep it up.
Please continue to share...
I am sure thread's like this will help a lot of people who have plans to join few Full Time Employees who promise but cannot keep it up.
Please continue to share...
Hermione
09-26 06:01 PM
And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
CADude
07-23 11:17 PM
is she using her own FAQ? USCIS FAQ has different question at Q9.
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
