arunmohan
03-15 02:48 AM
Group:
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
kshitijnt
05-01 07:12 PM
Total: 9061 USD.
Thanks lalithkx, sirinme, gc78
Thanks lalithkx, sirinme, gc78
PD073102VA
03-19 10:49 PM
stucklabor,
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
admin
03-17 03:51 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
more...
amitjoey
05-20 07:17 PM
Total is $2400.
By end of today - We need to get to $6800. We are 1/3rd of the way there.
By end of today - We need to get to $6800. We are 1/3rd of the way there.
Legal
06-30 06:36 PM
But skil bill is having permanent increase of GC and H1 and also exemptions will increase further immigration numbers. Though it is a permanent solution to resolve retrogession of pd it will face big oppostion from anti immigrants.
True.
(1) Will they at least agree to exclude spouses and children from the cap?
(2) Will they bother to get rid of the provisions allowing filing for EAD even if PD is not current?
If the above 2 measures survive we will get some relief.
Also the naming of the bill SKIL and the language is very difficult to oppose.The anti-immigrationists will find it difficult to oppose. Is this wishful thinking? don't know.
Also it is a politically correct thing for most of the legislators to support SKIL, except for the provisions to increase the H1-B numbers.
Any comments from IV core/senior members?
True.
(1) Will they at least agree to exclude spouses and children from the cap?
(2) Will they bother to get rid of the provisions allowing filing for EAD even if PD is not current?
If the above 2 measures survive we will get some relief.
Also the naming of the bill SKIL and the language is very difficult to oppose.The anti-immigrationists will find it difficult to oppose. Is this wishful thinking? don't know.
Also it is a politically correct thing for most of the legislators to support SKIL, except for the provisions to increase the H1-B numbers.
Any comments from IV core/senior members?
more...
snathan
02-09 09:35 PM
Is english speaking required to qualify for EB2 ? who diminished the country image ? In our company Indians are highly regarded and yes most of us work for desi companies . Dont blame others just becasue your company dont sponsor in EB2.
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
extra_mint
01-15 03:11 AM
Well majority of the people on this thread and forum is finding this as just cause, I am totally for it.
However no one is sure if this logic will hold water. Well none of us are lawyers, thus our arguments for or against doesn't hold. Someone said at the start of this thread that let's consult some big lawyers.
People are ready to contribute (including me) and I personally think that IV Core will be the best forum to take this up with lawyers. They already have an existing network, have folks that have participated in efforts related to legal immigration,
To IV Core
--------------
Country Quota is single biggest reason for retrogression, Have you guys (in the past) discussed with lawyers if removing Country Quota for EMPLOYMENT BASED can be legally challenged ??
If this has not been discussed do you guys think some one from lawyer forum (one that is on IV) can research on this ??
If above research shows things can be challenged then let's get it challenged through some esteemed lawyers !!
Also since so many people (once again including me) are ready to contribute, IV can become forum to raise money for this Legal challenge...like another pool.
I am sure people have talked, discussed about removing country quota in the past. However I am not sure if serious effort have been made to see if this can be challenged and that is the focus we all should have.
However no one is sure if this logic will hold water. Well none of us are lawyers, thus our arguments for or against doesn't hold. Someone said at the start of this thread that let's consult some big lawyers.
People are ready to contribute (including me) and I personally think that IV Core will be the best forum to take this up with lawyers. They already have an existing network, have folks that have participated in efforts related to legal immigration,
To IV Core
--------------
Country Quota is single biggest reason for retrogression, Have you guys (in the past) discussed with lawyers if removing Country Quota for EMPLOYMENT BASED can be legally challenged ??
If this has not been discussed do you guys think some one from lawyer forum (one that is on IV) can research on this ??
If above research shows things can be challenged then let's get it challenged through some esteemed lawyers !!
Also since so many people (once again including me) are ready to contribute, IV can become forum to raise money for this Legal challenge...like another pool.
I am sure people have talked, discussed about removing country quota in the past. However I am not sure if serious effort have been made to see if this can be challenged and that is the focus we all should have.
more...
jonty_11
07-14 01:40 PM
I think you guys are current with the Aug bulletin only (EB2 India has been on Apr 04 for a while)...I was asking for folks with BEC EB2 with PDs that have been current for a while but still not received their GCs. WOuld be interesting to know and also gives an indication of how fast really USCIS adjudicates applications once they become current.
Repeating. - It would be interesting to see folks whoese PD is prior to Apr 2004 and still waiting for GC..Can you come forward.
Repeating. - It would be interesting to see folks whoese PD is prior to Apr 2004 and still waiting for GC..Can you come forward.
wizpal
07-02 09:34 AM
Rep. Smith hasn't made a stand on these bills yet and his support is instrumental. If you already called him..make follow up calls. More calls is always better.
more...
Hinglish
03-21 05:30 PM
The following are your words, aren't they? I am not sure how anyone could read this anything other than a suggestion that people in ROW category are unskilled and a worker from a oversubscribed country is skilled. You may be the most skilled, intelligent and smart person around here but rest of us can at least read and gather what you are trying to say.
I have nothing against you but I wouldn't want people calling ROW folks unskilled. I know you were talking about EB3 ROW but there are ton of engineers, software designers, and many more who applied in EB3 (some by skill sets, some by force, and some by choice). They are not unskilled people by any stretch of imagination.
Now thats unfair .... you are just using one part of the quote to distort the entire post ... The discussion and context of that statement was always on categories.... and was using that sentence as an example on categories...
The assumption was that readers would understand categories over individual qualifications/countries of origin in this context
If you destroy the context in which a statement is made it makes the entire post "look" bad and is disingenuous
Here is my entire post
"It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher"
I have nothing against you but I wouldn't want people calling ROW folks unskilled. I know you were talking about EB3 ROW but there are ton of engineers, software designers, and many more who applied in EB3 (some by skill sets, some by force, and some by choice). They are not unskilled people by any stretch of imagination.
Now thats unfair .... you are just using one part of the quote to distort the entire post ... The discussion and context of that statement was always on categories.... and was using that sentence as an example on categories...
The assumption was that readers would understand categories over individual qualifications/countries of origin in this context
If you destroy the context in which a statement is made it makes the entire post "look" bad and is disingenuous
Here is my entire post
"It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher"
GCwaitforever
06-12 11:02 PM
These idiots forget that passengers are paying the airport landing fees and refuleing charges etc. Those who forget customers end up loosing business. We flew by Emirates last tlme directly to Dubai. It was excellent, took less time compared to landing in Europe.
more...
GCKarma
07-09 12:33 PM
Guys,
Anybody know when skill bill is going to be taken for voting?:confused:
Anybody know when skill bill is going to be taken for voting?:confused:
RajForGC
06-19 04:07 PM
Does this Bill and all associated Amendents get the new introduction date or it will basically take over from the Last Bill and Amedments. I am asking this question because last bill saying 140 after May 15 will be invalidated. Is thi still valid for this Bill? or they are gonna use tomorrow's date.
more...
patha007
06-02 02:21 PM
My wife is on H4. She has applied for SSN for stimulus package and got denial letter. How will be useful this letter to get SSN for her. Please advice.
Thanks for your great help.
Thanks for your great help.
thepaew
05-30 11:53 AM
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round
Last I checked, this was not supposed to be desi-centric forum.
There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round
more...
geesee
07-24 10:19 PM
Pappu - Thanks for removing the ban!
OP - I honestly feel very sorry for all the people out there who are stuck at PBEC... Its the most unfortunate thing in the whole GC process. And I truly believe that IV Core should treat labor backlog issue as one of their top priority items.
I had filed 2 labor apps in 2004. One from NJ in Jun 2004 and other one from IL in Nov. 2004.. I consider myself lucky to get my IL labor approval. Dont know the status of NJ labor.. I think it might be stuck in backlog too!
OP - I honestly feel very sorry for all the people out there who are stuck at PBEC... Its the most unfortunate thing in the whole GC process. And I truly believe that IV Core should treat labor backlog issue as one of their top priority items.
I had filed 2 labor apps in 2004. One from NJ in Jun 2004 and other one from IL in Nov. 2004.. I consider myself lucky to get my IL labor approval. Dont know the status of NJ labor.. I think it might be stuck in backlog too!
GCard_Dream
03-20 06:35 PM
We are not talking about what's beneficial to the United States. What we are discussing is what the law says. It doesn't matter if it is beneficial to the United States or not, if it is the law of the land then everyone has to abide by it; even the government. I think everyone has a different opinion on what's beneficial for this country. If you talk to the people at numbersusa.com, they will say that H1B program and employment based immigration is the worst thing that happened to this country and should be stopped right at this moment yet we think that this is the best thing for this country. Go figure.
By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
maag
06-17 02:46 PM
I know they charge a lot, but my employer will pay them higher fees but my employer will not pay me filing fees.
shaikhshehzadali
07-03 03:19 PM
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
Visa is generally assigned to an application only if it has cleard background checks etc...and ready to be approved... They never assign Visa on receiving the application
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
Visa is generally assigned to an application only if it has cleard background checks etc...and ready to be approved... They never assign Visa on receiving the application
zico123
06-16 09:25 PM
Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.
I have seen in other posts that you have about 2 weeks to get a new job who will file for transfer. But contact an attorney and if you cannot change job immediately then consider change of status to F1 or another status.
I have seen in other posts that you have about 2 weeks to get a new job who will file for transfer. But contact an attorney and if you cannot change job immediately then consider change of status to F1 or another status.
No comments:
Post a Comment