calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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rsrikant
07-20 03:26 PM
my 140 also is e filed and i received receipt no. in email.
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
sdrblr
06-29 02:37 PM
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
What are my options. Can you guys suggest where I can buy the insurance from.
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smuggymba
08-19 10:35 AM
Really! ... dude go around and look at forum, than tell me how every other post is 100% directed towards Immigration.
If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
more...
indiablues
12-26 10:08 AM
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
sodh
07-24 10:28 PM
Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.
more...
sertasheep
08-03 10:01 PM
If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)
Thoughts]?
Thoughts]?
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payal_nag
10-25 02:57 PM
my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!
more...
anilvt
08-28 05:20 PM
got 2yr ead ...140 approved in 2006 ...i am current now ...
i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs
there is no rule which they follow ....
i remember old saying rules and promises are meant to be broken ...
well crazy world and crazy us
i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs
there is no rule which they follow ....
i remember old saying rules and promises are meant to be broken ...
well crazy world and crazy us
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gcdreamer05
08-04 10:49 AM
How about some green dots guys for sharing such a inspirational story...
Good Story will really be given a green, here you go green from me !!!!
Good Story will really be given a green, here you go green from me !!!!
more...
jlt007us
09-14 04:03 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
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krishnam70
02-22 11:45 PM
hi,
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
more...
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logiclife
07-11 11:40 AM
There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
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hopefulgc
08-03 02:25 PM
I like the idea of linking to the High-5 campaign a lot.
$5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.
BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation.
This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".
Just a thought
$5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.
BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation.
This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".
Just a thought
more...
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jsb
09-01 04:07 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
Lotus
There is no need to unnecessarily delay your plans. If your wife gets new card before leaving that's good, otherwise just use your AP.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
Lotus
There is no need to unnecessarily delay your plans. If your wife gets new card before leaving that's good, otherwise just use your AP.
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talash
10-16 09:09 PM
http://www.uscis.gov/files/form/I-290Binstr.pdf
Read where to file .It clearly says 30 to 33 dys
Read where to file .It clearly says 30 to 33 dys
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sertasheep
08-03 09:43 PM
Bump ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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India76
09-17 01:48 PM
Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...
I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...
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chandra_mb
03-12 12:52 AM
................
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
Thanks a lot !!. I am assuming TIN# is the ITIN number (used for tax filing) ? Also, if you dont mind, can you please let me know which state board accepted the ITIN# ? We are planning for NJ or CA.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
Thanks a lot !!. I am assuming TIN# is the ITIN number (used for tax filing) ? Also, if you dont mind, can you please let me know which state board accepted the ITIN# ? We are planning for NJ or CA.
Steve Mitchell
March 23rd, 2004, 03:14 PM
Actually a 300mm from the stands would yield some great shots. I hope you can make it happen.
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
singhsa3
09-28 09:39 PM
Our appointment was at 9:00 Am but due to NJ traffic we reached at 10:00 AM. We both were worried that we may be turned back but it turnout that they had given 9:00 AM appointment to everyone.
As soon as you will go on the second floor you will be handed over a cardboard with an application to be filled by you. Fill that application and wait in a line to be called by a clerk for checking your ID and hands. The person will closely check your hand, most probably to make sure that they are good for FP.
Once she is satisfied, you will be given a number and asked to be seated in a big hall. Your number will be called and the person will take FP for every fingers in your hand. You will also be photographed.
The whole process took us an hour.
Just one more thing, plenty of parking is available in front of the prudential building.
Good Luck
As soon as you will go on the second floor you will be handed over a cardboard with an application to be filled by you. Fill that application and wait in a line to be called by a clerk for checking your ID and hands. The person will closely check your hand, most probably to make sure that they are good for FP.
Once she is satisfied, you will be given a number and asked to be seated in a big hall. Your number will be called and the person will take FP for every fingers in your hand. You will also be photographed.
The whole process took us an hour.
Just one more thing, plenty of parking is available in front of the prudential building.
Good Luck
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