Tuesday, June 14, 2011

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  • stucklabor
    03-18 12:38 PM
    Appu, I found it! Frist's bill says that for foreign applicants with advanced degrees in STEM from an accredited US grad program (no matter when they graduated), notwithstanding the applicant's eligibility for US permanent residence, the applicant can file for adjustment of status if the applicant has an immigrant petition filed under one of the EB categories.

    This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.

    See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.

    Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.

    But these applicants don't have to wait for a visa number and are exempt from the quota.

    An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.

    Yeah, that's the tricky part. I think all professions that require advanced
    degrees in STEM have been classified (by Section 406) as Schedule A.

    Which means you file ETA form 9089 directly to USCIS NOT to the DOL.

    That's the "special labor certification" that the Specter mark-up refers to.

    The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.




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  • chanduv23
    12-01 09:53 AM
    One option for H4s could be to involve in organizations like Bill and Melinda Gates foundation or similar social service organizations. Well educated people can do wonders in social service. Everyone must do social service, it would be great if H4s can occupy themselves more into voluntary work etc...




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  • Jaime
    09-20 11:08 AM
    Hello guys!

    I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?

    I think we need another rally before the end of the year. There are 2 reasons:

    1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.

    2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.

    Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.

    So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.




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  • pappu
    05-19 01:07 PM
    Dear Members,

    As we enter the final 15 days of our advocacy days preparation (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978) we would like to thank our members that have indicated that they would be coming to DC on June 7 and 8. We also want to thank all State chapters, volunteers and action item leaders that have been helping out with the effort behind the scenes. The massive planning, coordination and implementation cannot happen without the support of each and every member. Help has ranged from phone call campaigns, media campaigns, lawmaker meetings, document preparation, state chapter activities, accommodation initiatives, reaching out to various employers and like minded organizations etc.

    We still have a long way to go in our coordination and implementation. IV membership is working hard to make this event a success. The advocacy day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted personally. We are planning an impressive congressional reception event on June 8, in DC and expect several lawmakers, staffers and leaders of other like minded organizations attending the reception. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a notable Press event on June 8 that we are planning. There are several initiatives being taken that we will be announcing in the days leading up to these events. The event is in itself a huge task that requires planning from getting space for various parts of this event, space for gathering of all IV members (situation room) to transporting all advocacy day material, providing training sessions for members, getting appointments from lawmaker offices, inviting reporters, press release to details like photocopying documents for each meeting, folders and digital advocacy media with IV branding and soft copy of all IV documents as a leave behind in every lawmaker office.

    We recently invested thousands of dollars per year subscription in providing an easy advocacy and media contact interface for our members, Refer to http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1519451
    These emails, letters and communications will help us with more effective and targeted advocacy to help get much needed attention for our issues. All this will need investment from IV and we can do it only if our members support us in this huge task by contributing funds as well as time. We already invest a lot in the advocacy effort we do on regular basis.

    IV effort needs 50 thousand dollars in the next 15 days to make sure we can meet our immediate needs and also make a big impact via this advocacy day events. We can plan more ideas like full page ads in national newspapers if we can have sufficient resources. This event will most certainly bring our issues to the national center stage and help us get much needed immigration relief in the months ahead.

    We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our fulltime jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.

    This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44. or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.

    We request each and every member reading this post to please contribute. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.

    Thanks
    Team Immigration Voice



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  • snathan
    02-09 11:01 PM
    Hello ... I m responding to a some one who dis-respected my fellow citizens . So what do you say English speaking guys are great IT professionals ? To work on computers you need brian and understand bits and bytes not english .

    I think you got my message wrong all I m saying is you dont have to be a great english communicator to qualify for EB2 , unless you are applying as professor .

    In 70s most of the towns having only local language schools and stuided in local language schools , thay may be part of reason why some of them dont communicate well ..That doesnt mean they can not work on computers ...


    Well thats our opinion/preception or even truth. If you need to work in the US, you need to be good in english as its their national laungage.


    I am giving this one for example...

    http://news.bbc.co.uk/2/hi/americas/7317794.stm


    So even if you are a greate talent and could not speak even a word in english forget about coming to US.




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  • Almond
    07-17 07:30 PM
    You expressed frustration at your situation, and rightfully so, anyone one of us would have felt the same way in your situation. This is so unfair. As far as I'm concerned, you have nothing to apologize for. I hope you get approved soon so you can join the rest of us I485'ers. Good luck to you.



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  • GCwaitforever
    06-19 04:47 PM
    Folks,

    If this bill text passes, there will be a backlog center for all our I-140/I-485 petitons. We are limited by 90,000. Has anybody found any new relief for BEC candidates?

    They are allocating supplemental greencard numbers for Z visa holders with a flexible limit and this supplemental allocation will go away once all Z visa holders adjust (end of page 287 and beginning of page 288).




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  • Jerrome
    02-22 04:02 PM
    If you friends spouse was on H1 then i think her current status with USCIS would be H1.

    Since she is not working with the current employer she need to do the following things to void H1 status.

    a) Start using EAD to work.
    b) Use AP to re-enter the country.
    c) Get H4 status change.

    Otherwise her current status would be in H1.it could create some problem if beyond couple of weeks.



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  • gc_lover
    09-22 08:17 AM
    Yes, and the only reason I see is LAZINESS, COWARDICE, SELFISHNESS AND ATTITUDE

    These words have stopped some people from attending the rally, maybe you should not use them more than million times.




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  • stucklabor
    03-17 09:33 AM
    see the link

    http://thomas.loc.gov/cgi-bin/bdquery/D?d109:105:./temp/~bd3JRR::


    So, we should fight for this bill since it does not deal with the controversial guest worker program.

    Great work, Zheng0821. This is a great backup vehicle for EB provisions.



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  • sands_14
    07-01 09:50 AM
    Hi,
    was your first labor PD before April2004?
    If yes,then they might have taken that PD.
    If not,maybe we can see a forward movement for PD for EB2 in coming bulletin as USCIS might be trying to use as much visa numbers as possible.
    Congrats and Enjoy!





    No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM




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  • desi3933
    02-02 11:08 AM
    This is another example where lot of noise made and then nothing happens.

    People talk here about filing lawsuit as it it is easy as filing something and on first hearing, judgment will be passed in their favor. Of course, no one even bothers to get initial professional advice.

    Soon, we will have some other topic that will have similar discussion and similar fate.

    Good Luck to everyone.

    ___________________
    Not a legal advice.



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  • santb1975
    04-26 01:04 AM
    Walking_Dude - you are an inspiration




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  • andycool
    06-10 02:24 PM
    EB2 China - No Change

    EB2 India - October 1st 2005

    Good luck to all those who are current!!


    Prediction for Year 2010 Looks good

    VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment First: Current

    Employment Second:

    China and India: March or April 2006

    Employment Third:

    Worldwide: June through September 2004
    China: October through December 2003
    India: February 2002
    Mexico: Unavailable
    Philippines: June through September 2004



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  • delhiguy79
    07-18 07:01 AM
    Hi frens,

    My employer filed I-140 on July 12th and at Nebraska Service Center which must have been deleivered by now. And my employer persist that they cannot file I-485 until I get receipt notice. I even came to know on another thread even without receipt notice I-485 can be filed with an application as a cover letter.
    So can I do that myself without the help of the employer or I have to wait for the receipt notice.

    Is there any way we can get the info by USCIS by calling them or by taking InfoPass Appointment and asking them..

    Please advise. Thanks in advance.




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  • smuggymba
    03-28 01:47 PM
    my friedn ask me go iv site i come site and see spillover give my family gc soon this consufion what happenning

    me laughing so much after reading this you made my day keep posting my friend.



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  • goel_ar
    03-28 03:27 PM
    i)And Make spilloover distributed equally among all the categories below it. Please add this also.
    j) Move all EB3 waiters automatically into EB2 if they are waiting for more than 6 years with priority date retained.
    lol...
    j) and EB2 to EB1 after 3 years ....:))




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  • coopheal
    03-16 05:04 AM
    I read in some posts before that there were 18,000 Eb3 approvals in 2007. Is this true ? If USCIS is allocating unused numbers at the end of the year, then Eb3 India might move fast during the rest of this year.

    Yeah 2007 was a anomaly than rule.




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  • coolmanasip
    05-30 06:40 PM
    what does "lie on the floor" mean........amendment was ordered to lie on the floor????




    gc_buddy
    09-12 07:55 PM
    Hi Prince,

    I went thru posts on other forums with I 485 denials after 180 days of filing. In almost all the cases, people filed MTR and their I 485 was re-instated back to normal after that. You should be fine after filing the MTR with the help of attorney.

    I know these 15-20 days will be hard for you. Hang on. I had the same experiance when there an RFE on my I 140.




    140jibjab
    07-05 01:43 PM
    com 'on. H4 process is known as Dependent Visa. You knew this before getting your "Babli" to the US. Let H4 prove the Credentials and Get H1 and then start seeing "Green".

    Nobody asked you to get married :)



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