Appu
03-17 07:45 PM
Piyushpan, I see this provision as:
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Here's the summary from Sen Frist's website:
Section 405. Student Visas.
Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Here's the summary from Sen Frist's website:
Section 405. Student Visas.
Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
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yabadaba
03-05 02:42 PM
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
rajsand
09-20 01:51 PM
Yeah Macaca
That hurts to see so many people using IV for tracking receipts on the day of the rally but not participating in the struggle IV is putting up just for them!!
But know what I think as members we have really considered all of them as one..! I mean.. we should have given special attention to DC and the neighbouring states to fetch in max people.. 'coz we can depend on them for proximity..! we have majorly focussed on getting people from various states..well that again paid off .. 'coz news articles particularly mentioned people flew in from states as far as CA etc..
We cannot consider a person from texas or seattle to be the same as one in DC / VA .. Its definitely hard to convince to attend a rally .. how can we convince to take a day/2 off and travel leaving family and rest !!
Its sounds good and practical for some but many others will not concur!
I think we learn from our doings...! we should next time try and rope in as many locals as possible than depend on people coming from afar!
That hurts to see so many people using IV for tracking receipts on the day of the rally but not participating in the struggle IV is putting up just for them!!
But know what I think as members we have really considered all of them as one..! I mean.. we should have given special attention to DC and the neighbouring states to fetch in max people.. 'coz we can depend on them for proximity..! we have majorly focussed on getting people from various states..well that again paid off .. 'coz news articles particularly mentioned people flew in from states as far as CA etc..
We cannot consider a person from texas or seattle to be the same as one in DC / VA .. Its definitely hard to convince to attend a rally .. how can we convince to take a day/2 off and travel leaving family and rest !!
Its sounds good and practical for some but many others will not concur!
I think we learn from our doings...! we should next time try and rope in as many locals as possible than depend on people coming from afar!
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tonyHK12
03-28 08:29 PM
Also the reason for the . is very simple. I was using it to test whether my post was still being blocked by IV or not. ironic huh :)
No its not, this is the 3rd time I've seen you use that and similar signs.
No its not, this is the 3rd time I've seen you use that and similar signs.
more...
dagabaaj
12-10 10:04 AM
Can you pls post their names/IV handles, so that everyone know who those cowards are ? I am sure a lot of them masquerade as experts on this website, but dont bother to move their butts when needed :mad:
We will not achive anything by this. Please do not post any name IMHO. Yes we have issues but nothing can be resolved by getting angry. All such posts are only going to aleinate those who are looking for a meanigful excahnge. Why get into mudslinging. When some one like 'logiclife' is expressing didain then he has full right to do so after having given so much to this cause. Let us all be the antidote to this issue by keep the process of encouraging/informing/inviting our friends/collegues after such experiences. Impatience will not get us anywhere. Nobody said this will be easy. So let's get at in every possible way.
'needhelp' may very well need more help to do such things in the future!!! well a lesson learnt is knowledge gained.
Seniors please please be patient with the us all here. It will all work out, we have to keep at it.......
We will not achive anything by this. Please do not post any name IMHO. Yes we have issues but nothing can be resolved by getting angry. All such posts are only going to aleinate those who are looking for a meanigful excahnge. Why get into mudslinging. When some one like 'logiclife' is expressing didain then he has full right to do so after having given so much to this cause. Let us all be the antidote to this issue by keep the process of encouraging/informing/inviting our friends/collegues after such experiences. Impatience will not get us anywhere. Nobody said this will be easy. So let's get at in every possible way.
'needhelp' may very well need more help to do such things in the future!!! well a lesson learnt is knowledge gained.
Seniors please please be patient with the us all here. It will all work out, we have to keep at it.......
akred
03-15 03:18 AM
As mentioned by some others in the same thread: a lot of employers are also taking advantage of this situation.
i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.
Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.
How can we highlight this?
Only way out is to find another employer/manager, file an EB2 labor and recapture the old priority date. Once you have the basic qualifications (MS or BS+5), the decision between EB3/EB2 is subjective and at your manager's/employer's discretion.
i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.
Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.
How can we highlight this?
Only way out is to find another employer/manager, file an EB2 labor and recapture the old priority date. Once you have the basic qualifications (MS or BS+5), the decision between EB3/EB2 is subjective and at your manager's/employer's discretion.
more...
gceverywhere
09-12 10:47 AM
Not from last nights interview, but in primaries season during Politico's live interview on CNN Obama said this about legal immigration:
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
I know that's what he said but if you read that statement again, nowhere he talks about Highly skilled legal immigration. I think he is talking about the family based immigration, which again caters mostly to the Vote bank. From everything I have read, Obama seems to be anti-outsourcing and neutral (or maybe negative) towards highly skilled legal immigration
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
I know that's what he said but if you read that statement again, nowhere he talks about Highly skilled legal immigration. I think he is talking about the family based immigration, which again caters mostly to the Vote bank. From everything I have read, Obama seems to be anti-outsourcing and neutral (or maybe negative) towards highly skilled legal immigration
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delhiguy79
07-29 09:45 AM
Hey guys,
I hope u all may ve recieved the I-140 Reciept Notice by now.....
So lets track whose I-485 has been sent by now....
I will submit my papers to my employer tomorrow and he may send it by this week....
I hope u all may ve recieved the I-140 Reciept Notice by now.....
So lets track whose I-485 has been sent by now....
I will submit my papers to my employer tomorrow and he may send it by this week....
more...
mallu
03-23 08:06 PM
..... However; lawmakers, etc. are not stupid people. ....
I agree , especially if it fits majority of them ( and the 'types' of them ).
One needs real diversity in US population. There are too many here from EU.
I agree , especially if it fits majority of them ( and the 'types' of them ).
One needs real diversity in US population. There are too many here from EU.
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Dhundhun
06-28 12:14 AM
Mine is paper based. Does anyone know how long it takes when its paper based?
If paper based, then you should wait for 90 days.
The answer to your question is that paper-based EAD got approved in 15 days also. We have so many postings and thread indicating average time to 25-30 days. But still on USCIS web site it is 90 days.
This processing is depending on service center. I think TSC is doing very fast, to the extent that many IV members are blaiming that USCIS is milking us - If they give before Jun 30 it is just for one year. Had they been not doing so fast, it would have been two years EAD.
If you get after Jun 30 you are lucky in terms of getting EAD for two years.
If paper based, then you should wait for 90 days.
The answer to your question is that paper-based EAD got approved in 15 days also. We have so many postings and thread indicating average time to 25-30 days. But still on USCIS web site it is 90 days.
This processing is depending on service center. I think TSC is doing very fast, to the extent that many IV members are blaiming that USCIS is milking us - If they give before Jun 30 it is just for one year. Had they been not doing so fast, it would have been two years EAD.
If you get after Jun 30 you are lucky in terms of getting EAD for two years.
more...
mrdelhiite
07-20 02:03 PM
Hi ,
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
Hope it helps.
-M
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
Hope it helps.
-M
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delhiguy79
07-18 07:52 AM
OK ... I will wait till Aug 15th to get the receipt notice, if I dont get it by then I will send it with the cover letter that I have not yet received the receipt notice.
Thanks.
Thanks.
more...
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BharatPremi
03-13 05:07 PM
BharatPremi -- On what basis are you saying that? There are 1000s and 1000s of L1 VISA holder from India....there are at least 30,000 H1-B that come from India every year, most of them file under EB-3 category and then have wives and kids and they consume visa number.
I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3
It is a long story and has already been discussed here at great length. Whne you get a time click on my past postings and you will get the tons of info which relates to this claim.
I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3
It is a long story and has already been discussed here at great length. Whne you get a time click on my past postings and you will get the tons of info which relates to this claim.
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sunny1000
07-01 03:46 PM
Looks like the call volume has gone down considerably in the past few days. Those who have not called yet, please call asap and ask your family/friends to call as well.
more...
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reachinus
07-20 11:19 AM
Hi Gurus,
Right now I am working for Company A and VISA with company A is valid till September 30 2007. Company B applied for Regular H1-B transfer (Receipt Date May 12) and it is still under process. I will be joining Company B on 1st October 2007.
Now due to some emergency I am traveling to India on 11August, 2007 and will come back on 11 Th September 2007. Also I can’t go for VISA stamping in India for Company B as I have not got my H1 Approval yet.
Given the above scenario, will I have any problem at the port of entry as my H1b transfer from company B has not been approved yet?
What all documents I have to carry to reenter safely?
Thanks in advance,
Ashok
If u travel while H1 is pending then its deemed abandoned. U have to file for ur H1 again thru company B and start over the process. Rather I suggest you to convert it into premium and get the approval before you leave.
Right now I am working for Company A and VISA with company A is valid till September 30 2007. Company B applied for Regular H1-B transfer (Receipt Date May 12) and it is still under process. I will be joining Company B on 1st October 2007.
Now due to some emergency I am traveling to India on 11August, 2007 and will come back on 11 Th September 2007. Also I can’t go for VISA stamping in India for Company B as I have not got my H1 Approval yet.
Given the above scenario, will I have any problem at the port of entry as my H1b transfer from company B has not been approved yet?
What all documents I have to carry to reenter safely?
Thanks in advance,
Ashok
If u travel while H1 is pending then its deemed abandoned. U have to file for ur H1 again thru company B and start over the process. Rather I suggest you to convert it into premium and get the approval before you leave.
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days_go_by
03-08 04:58 PM
of course, a different visa type, discrimination built into the law.
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Rajeev
05-23 09:42 AM
May 23, 2010 07:40:49 PDT
Transaction ID: 7D653876GU971351C
Donation to Support Immigration Voice (User: Rajeev)
$100.00 USD 1 $100.00 USD
Transaction ID: 7D653876GU971351C
Donation to Support Immigration Voice (User: Rajeev)
$100.00 USD 1 $100.00 USD
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trueguy
07-23 12:56 PM
You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
-Udaya.
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
-Udaya.
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
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walking_dude
10-18 04:17 PM
PMed a reminder to every member ,who has shown interest in the meet, but has not RSVP'ed yet for the final count needed for Snacks/Tea arrangement ( only those included in the confirmed list of the first message).
Hope to see you all there.
Hope to see you all there.
jsb
08-07 04:23 PM
I had been there in US for 7 yrs (3 yrs in L2->1yr out of US->4 Yrs in H1B). Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers:mad:. Didn�t look at the US GC application and applied for Canadian PR. Came to Canada with PR last year from US. Peacefully settled in Toronto with nice job and benefits, bought my brand new car 4 months back. Nice and friendly people and government. Happy to be in Canada. No more stamping issues, tons of junk paper works, consulate visit PA and wired look from immigration officers at POE�. enough�. I am not going back to US even for a visit in next 5 yrs..�
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Great. I agree one hundred percent. Once you have lived in Canada for a year, you will never want to look elsewhere. People and govt are no comparison. Both are very very helpful. You really feel at home in Canada.
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Great. I agree one hundred percent. Once you have lived in Canada for a year, you will never want to look elsewhere. People and govt are no comparison. Both are very very helpful. You really feel at home in Canada.
Jaime
09-06 05:08 PM
I got 2 positive responses from orkut members in DC.
One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.
Yes I posted scraps on individual members' scrapbooks, not just community posts.
I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!
Great idea! Why don't you start a thread on using ORKUT? It would be helpful!
One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.
Yes I posted scraps on individual members' scrapbooks, not just community posts.
I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!
Great idea! Why don't you start a thread on using ORKUT? It would be helpful!
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