chanukya
05-23 07:35 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
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raj2007
06-17 02:32 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.
sundeep14
07-23 10:09 AM
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
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sanjay02
06-29 06:38 PM
Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
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iwantmygreen
04-22 07:33 PM
Is there any way to know if employer has revoked your 140. I have an approved 140 & pending 485. After filing 485 I left my company before completing 180 days. Its more than 9 months since I left my employer. Will the status change on USCIS web if 140 was revoked.
TheCanadian
11-25 12:24 AM
Just wait till the end and vote for the one that's closest to winning.
I voted for that fish monster thing, pretty slick.
I voted for that fish monster thing, pretty slick.
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logiclife
08-03 05:37 PM
I know what I did was wrong. But what should I do now?
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
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greencardvow
08-03 07:23 PM
Please close this thread.
more...
nabs501
07-19 07:40 PM
I work in CA, my I140 is approved from NSC.
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification
Did my lawyer screw up?
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification
Did my lawyer screw up?
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Suva
04-17 02:43 PM
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
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paskal
12-26 05:04 PM
please feel free to join in
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
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black_logs
05-23 08:19 AM
This is what we are doing every day. Our team & QGA are in constant touch with the offices of several senators. We are definitely concentrating on the 2 senators you have named here. We are very hopeful that something will come up soon. But again until it really comes to the floor all we can do is keep the hope and spirits high!!!!
- Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
Thanks
vikram
- Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
Thanks
vikram
more...
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royus77
07-12 06:58 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
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paskal
12-27 04:43 PM
follow up call today
details are the SAME
10pm cst
we will try to keep to the point and keep it short
please attend
details are the SAME
10pm cst
we will try to keep to the point and keep it short
please attend
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bank_king2003
04-21 12:28 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???
Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???
Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.
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bigboy007
12-10 02:18 PM
Also some one has pointed out that SOC codes should be same or similar:
Now as per DOL website:
15-1000 Computer Specialists
** 15-1010 Computer and Information Scientists, Research
**15-1011 Computer and Information Scientists, Research
15-1020 Computer Programmers
15-1021 Computer Programmers
15-1030 Computer Software Engineers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1040 Computer Support Specialists
15-1041 Computer Support Specialists
15-1050 Computer Systems Analysts
15-1051 Computer Systems Analysts
** 15-1060 Database Administrators
**15-1061 Database Administrators
** 15-1070 Network and Computer Systems Administrators
**15-1071 Network and Computer Systems Administrators
** 15-1080 Network Systems and Data Communications Analysts
**15-1081 Network Systems and Data Communications Analysts
15-1090 Miscellaneous Computer Specialists
15-1099 Computer Specialists, All Other
==============================================
I know "**" ones are different and doesnt apply to what i am looking does this mean people go in and around these rest of SOC as and when my new job is in "Computer Specialists" range? i am confused.
What role should i do to intimate USCIS and how do they enquire about htis is it when i do H1b Transfer ?
Now as per DOL website:
15-1000 Computer Specialists
** 15-1010 Computer and Information Scientists, Research
**15-1011 Computer and Information Scientists, Research
15-1020 Computer Programmers
15-1021 Computer Programmers
15-1030 Computer Software Engineers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1040 Computer Support Specialists
15-1041 Computer Support Specialists
15-1050 Computer Systems Analysts
15-1051 Computer Systems Analysts
** 15-1060 Database Administrators
**15-1061 Database Administrators
** 15-1070 Network and Computer Systems Administrators
**15-1071 Network and Computer Systems Administrators
** 15-1080 Network Systems and Data Communications Analysts
**15-1081 Network Systems and Data Communications Analysts
15-1090 Miscellaneous Computer Specialists
15-1099 Computer Specialists, All Other
==============================================
I know "**" ones are different and doesnt apply to what i am looking does this mean people go in and around these rest of SOC as and when my new job is in "Computer Specialists" range? i am confused.
What role should i do to intimate USCIS and how do they enquire about htis is it when i do H1b Transfer ?
more...
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pointlesswait
04-10 04:10 PM
who cares what Lou dobbs says???
he has been yelping for ages... its all abt rating and ranting;-):cool:
he has been yelping for ages... its all abt rating and ranting;-):cool:
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cdeneo
04-02 10:31 PM
The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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black_logs
04-12 04:09 PM
Labor substitution is bad for those who can't find one and good for those who found one. I didn't find one so it's bad for me. But 1 thing the DOL came up with the substitution rule is that 45 days labor expiry rule. Just can't believe the administration can harrass people to that level. When labor substitution is in place what's the point of this 45 days rule ???
sayantan76
04-21 02:15 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
Siddharta
09-26 04:41 PM
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
Are you 100% sure about this.
Are you 100% sure about this.
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