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  • satishku_2000
    06-09 07:10 PM
    That is right. But same country quota is there in EB system also. So in point system also 80% of people will get same quality of people as current system. But advantage is process delay will be eliminated.

    I think people should read the legislation completely and understand before they comment on the proposed system.

    With the existing system people will wait for their turn , In the proposed new system the application gets trashed and one cannot apply for 3 more years if one can not make it in the year he or she applied.

    What are the rules governing the new system when more people get highest score than the available green cards per country . It would be another lottery . This can not be a merit based system unless they remove country caps.




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  • stucklabor
    03-20 07:26 AM
    justAnotherFile,

    I am working from a reading of the actual bill text.

    The student visa provision on adjustment of status says that it applies to everyone who would have been in that position if the new visa would have been in place when they graduated - i.e., it is retroactively applicable. In addition it clearly says that it is applicable to students who join an accredited graduate program in STEM to obtain an advanced degree. The contrast with Specter is clear - Specter's markup clearly mentions PhDs, where Frist's bill only mentions advanced degrees. I really haven't mentioned the 1 year provision and the $1000 provision in my earlier posts. Those are givens.

    If you can tell me why I am wrong looking at the bill text, instead of from a bill summary posted by someone else, it would be a lot more helpful to everyone on this forum.


    Please read section 405 of Bill Frists summary for his bill
    http://frist.senate.gov/_files/031706section.pdf

    It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
    it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.

    for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.

    it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.

    my 2 cents




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  • svam77
    07-19 07:35 PM
    I have sent emails to the generic ids ( typle nebraska service center in google, it wil lead to the uscis page and then there is the email id).

    Can we think of any other alternative ?




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  • gg_ny
    07-07 01:35 PM
    Just curious, and thinking loud: if there is a limited and reduced number of H1B workers come in, in the long run the number of applicants for permanent residency will be shrinking too (at least EB category). To reduce EB GC applications, and preserve the americanness of the employee-pool, this seems to be a nice and covert trick, at least to me. Let few people come for 6 years, and so fewer may remain as GC holders. Maybe I am missing something here.



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  • senthil1
    06-19 04:45 PM
    There is no suprise on it. There may be 3 reasons for that
    1. It is deviating from grand bargain. Some republicans accepted CIR based on the condition that point system needs to be introduced. Cantwell amendment invalidates that in high skilled category

    2. Anything unlimited is tough to convince Senators as immigration concept is based on shortage of workers. Cantwell amendment has many exemptions for H1b and GC

    3. This has provisions which will make Durbin bill almost ineffective

    If some compromise is suggested in those three points then there is some possiblity. Otherwise it is going to be tough






    The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.

    Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.

    Here is the list of 20 amendments floating around in the Senate:

    Democratic Amendments

    1199 Dodd ---- Family parent visas

    1313 Webb ---- Community ties for Zs

    1236 Baucus-Tester ---- Strike all reference to REAL ID

    1332 Sanders ---- Employers to certify no mass layoff

    1344 Byrd ---- Border security immigration fee

    1317 Menendez ---- Increased family points in merit system

    1340 Brown ---- Employers post job at state agency

    1468 McCaskill ---- Repeat violators who hire undocumented workers

    1486 Levin ---- Iraqi religious minority refugees

    1386 Leahy ---- Refugee Scholars (may instead be 1289 on EB-5 investors)

    ____ Schumer ---- Tamper-proof biometric social security card (no language yet)

    1198 Boxer ---- Reducing Y visa cap by number of Y workers who overstay



    Republican Amendments

    1161 Alexander ---- Oath of allegiance for naturalization (may move to manager�s package)

    1255 Bond ---- Prohibits green cards for Z holders

    1473 Coleman ---- information sharing/sanctuary cities (Coleman is redrafting, new language not available)

    1335/1258 Domenici ---- Federal judgeship increase (redrafting)

    1490 Ensign ---- Preclusion of social security benefits

    1465 Graham ---- Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)

    1441 Grassley-Baucus Obama ---- Strike and replace Title III (small changes possible)

    1440 Hutchison ---- Touchback/strike and replace title vi (redrafting)

    1174 Thune ---- Probationary legal status triggers

    1318 Chambliss ---- Totalization agreement

    1282 Isakson ---- Preemption/Home Depot (redrafting)

    ------ Graham Criminal penalties/mandatory minimums for overstays




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  • meridiani.planum
    06-27 02:37 AM
    Gurus,
    We have the EAD until Oct 2008 and we still didn't file for the renewal, I am still on
    h1 and my wife on h4. we are planing to file EAD and AP somewhere in AUG when we move to other apartments. Please let me know if this is okay or do I need to file the EAD and get it renewed before the earlier EAD is expired. Thanks ...

    you can let the current one expire and then apply for the new one, its not a problem,.



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  • somegchuh
    07-18 12:09 PM
    bestia,

    My point is enjoy your dinner, yes you can't worry about every hungry man but don't tell the hungry to enjoy the hunger! If we can't help them let's not rub it in their face. That's all I am saying. Anyway, my comment wasn't meant for you. You have shown understanding. I did see a few ppl earlier who literally asked ppl to "shut up and enjoy the ride". That really pi*** me off.

    Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.


    Bigtime008,
    Its really your judgement call if you believe whether IV is an organization that is helping BEC victims. I think the focus of this organization is retrogression relief. Nothing wrong or right about it.


    IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.




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  • ramvinay
    06-14 10:03 AM
    Thank you all very much for answering my question , I feel much better now.
    Just a quick follow up.
    I am assuming she can continue to work on her OPT till we get our EAD cards or her H1?
    Thanks for your response.





    Yes, certainly your wife can apply for I-485, that has nothing to do with your whether your wife is on F-1 or H-1.
    Her H,F etc. status continues independently of the Adjustement of Status petition. (Yes she can file even while in F-1 as she is not the primary beneficiary but your dependent for I-485)

    Infact as soon as your wife get's her I-485 receipt, she is legally in status even if she loses her F, H etc. status.

    Moreover I can say all this since I know someone who is an exact similar situation.



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  • HariDod
    07-23 03:23 PM
    Thanks for providing the link..




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  • rsrikant
    07-19 06:56 PM
    if you don't mind can you give me the email id's of uscis and nsc.
    i will email them for sure...

    thanks.



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  • VSS2007
    06-27 01:13 PM
    Hi

    OUCH, my EAD appln. approved today. USCIS is really working really hard hard.

    It took 40 days from NSC

    Thanks




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  • Dhundhun
    06-28 06:36 PM
    But I am going to write in Q.15..current immi status as H1-B for me and AOS for my wife. I can understand writing A# for my wife. But for me also is it A# or it should be I94#?

    Do you have I-485 pending? If yes, I94# is not significant. If you don't give A#, USCIS will issue RFE or fix themselves looking into database - which may delay processing.

    I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.

    For USCIS once I-485 is applied and A# is given, A# is like primary key (this A# is different than students A#)



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  • Kodi
    06-26 11:57 AM
    How is it going?




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  • bull55us
    07-17 12:37 AM
    Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/


    Karthik
    Are you kidding me? You are recommending http://www.usabal.com/ aka Berry, Appleman & Leiden LLP? DO NOT USE THIS LAW FIRM. RUN AWAY FROM IT AS FAST AS YOU CAN. They totally screwed up my case. My PD became current on June. I asked them repeadtly to file my 485. And I asked them for like 1 1/2 month. But they waited till July to file my case. So, I was affected by this visa fiasco. Their lawyer do not answer phone calls, they don't return voic mail and they do not response to email for 3-4 days. It is a totally BS firm. If possible go with small immigration law firm.



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  • gcsucks
    07-01 06:51 AM
    I'm bachelor's, EB3 with I140 approved. Does this bill include I485 filing for me ? and also for 3 year validity for Travel docs ?




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  • test101
    07-05 11:49 AM
    You can call as much as you want. No one will give you a clear cut answer.
    99% you will be rejected and 1% you will slip through.

    Instead of wasting your time on them.Go ahead call & write to the media. Do not put it on the side and say let someone else do it. if we do not help ourselves in this matter no one will help us.

    I hope i did not offend anybody.



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  • snakesrocks
    06-02 03:16 PM
    All,
    I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events

    Me: submitted SSN form, passport for my minor Son
    SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
    Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
    SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application

    My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
    link http://immigrationvoice.org/forum/showthread.php?t=18907


    I would appreicate if you can provide the link for the document or a copy of the SSN provision 20 C.F.R. � 422.104(a)(3).

    Thanks




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  • johny5278
    06-19 03:23 PM
    hey

    I didnt mean to offend you... i really appreciate the awareness (and hope) that you have brought to this issue.

    I apologize if my selection of words have hurt you or anybody else in this forum.




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  • dish
    03-15 05:32 PM
    If you want some good reasons why H4's should have work permit read this



    All these years the United States of America denied work-permits to
    dependant visa holders with one simple explanation "You are in USA
    because Your Spouse is allowed to work here". But numerous surveys by
    different social organizations has thrown light on the darker sides of
    the life of dependant visa holders.


    The dependant visa holder has to forgo his/her career growth in-order
    to stay with the spouse. This causes a big gap in the career and
    finding a suitable job in the home country becomes difficult when the
    pricipal visa holder has to leave USA and return to the home country.


    If the dependant visa holder's field of study or work is, one in which
    getting a sponsorship from an employer is difficult, getting a
    work-visa is almost impossible. He/she even loses his/her hard earned
    skills in the respective fields due to the large gap in career. Even
    though volunteering is possible, most of the volunteer jobs might not
    utilize the persons skills.


    Studying in the USA is good option but, being a single income family,
    it will affect the financial satatus of the family if other members of
    the family (children) are studying.


    90 percent of dependant visa holders are women. Women being, more
    susceptible to domestic violence by the partner, becomes even more
    prone to violence due to her complete dependance on the Spouse. They
    become prisoners in USA due to the spousal abuse and immigration
    policies that give their husbands complete control over their lives.


    The immigrant Women get protection under VAWA but non-immigrants are
    not covered. Even if a law to let the non-immigrant battered women to
    obtain work permit is introduced, It might not protect women whose
    cases dismissed as non-critical. The abuser can furthur exert his
    control over the victim and convince her that he has changed so that
    the victim might not press charges against him. Thus the abuser gets
    encouraged to continue violence.


    Divorce is not an option because most non-immigrants come from third
    world countries where a divorced women has to bear the social stigma of
    divorce and will not be protected in her own home country.


    Because of the long queues for Labor certification applicationa and
    retrogression of visa numbers, getting an EAD and Green Card takes
    longer.


    Most European countries issue work permits to the spouses. Also the
    time taken for permanent residency is lesser. In USA L2 and E2 visa
    holders can have work permit, but the other categories are ignored.


    Fear of flooding the labor market is not a valid reason to deny the
    dependant visa holders work permit. Allowing the L2 and E2 category to
    work didn't create any marked increase in the unemployment rate among
    US Citizens.


    calling all the dependant visa holders to send in their comments.......

    for more see this post....

    http://groups.google.com/group/misc.immigration.usa/browse_thread/thread/41098d828d41ad3a/6c4782cc627fd7ad?lnk=st&q=sinum70&rnum=1&hl=en#6c4782cc627fd7ad




    eb3_nepa
    07-05 10:47 AM
    Yes but dont you think that the Call Center would be notified about the same??

    Guess what I called again and this time the poor soul knew NOTHING about I-485 rejections!! :p He put me on hold and finally said, "We have received no such notice that they are rejecting I-485s, so if you applied it should be processed".

    So much for "educated" call center workers. If this call center was in India, atleast we would all get ONE answer. It may have been the wrong answer, but atleast it would be CONSISTENT :P




    mrajatish
    03-21 09:42 AM
    I absolutely do not agree that it will do more harm - given the current situation where every country is backlogged in EB3, and EB2 for India/China is also severely backlogged, there is very little chance that India and China can have more than 10000 visas (7% of 140,000) issued in Fy 2006 across all of Eb1/2/3.

    Current System
    EB1 China/India might benefit a bit because they will be the first ones to get the visas from extra EB1 visas but then, if Specter/Frist's bill passes, many of these EB1's will get a chance to file for 485 anyway.

    EB2 China/India might also benefit a little bit provided rest of the world leaves something behind.

    EB3 will not benefit at all as every country is backlogged here.

    Looking at FY 2005 statistics is very misleading. So, the way things are, any bill is better than no bill at all - at least we have a shot at improving the status quo we are in.

    Instead of just comparing current situation with future, especially when the future is so unclear, we should try our level best to achieve the following

    1. Put the clause back
    2. Amendment to file 485 after 140 or labor has been approved for certain time but Visa number is not available. Emphasis should be on the total wait time for GC, so that people in BECs do not get screwed.

    Put all your energy and efforts in achieving these and we will not see retrogression for many years. My goal is not to dissuade people from the comparison - it is a healthy exercise, but now that we know what the pros and cons are, let us work together to solve.



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