ChainReaction
07-05 09:00 AM
I don't think uscis can do that. They can either accept applications or reject them. If they hold the applications for next 3 months, they would violate their long-term procedures and would fear a lawsuit because of that. They know that they are original documents in those applications that can be used once again...god knows when...
Based on the recent policies of USCIS , the revised July2nd VB and rejecting all application for Others worker in JUNE while the VB was still CURRENT for some,we cannot hold them accountable for anything any more.
Based on the recent policies of USCIS , the revised July2nd VB and rejecting all application for Others worker in JUNE while the VB was still CURRENT for some,we cannot hold them accountable for anything any more.
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ireddy
06-24 09:04 AM
Done
485_se_dukhi
09-21 06:27 PM
Hi Mpadapa,
I also participated in meeting the lawmakers...Sept 18th to be exact.:) And yeah, I've been very nicely coached by Sumita on what to say and what not to...;)
What I meant was meeting those reps who have not been contacted. And which can be done locally all over the country.
I hope I'm clearer now...:)
485_se_dukhi, thanks for U'r suggestion about meeting local lawmakers. Indeed that is exactly what ppl had done on Sep 17 - Sep 19. We just covered about 150 lawmakers thats just ~1/4 of the lawmakers. Everyone can do the lawmaker meets at their local office, it doesn't require lot of effort just a few phone calls and few hrs to spare. Atleast one person from U'r state chapter would have attended the lawmaker meeting, U should contact U'r state lead on this and proceed further. Also those people who already attended the lawmaker meets are coached on what (not) to say during such meets..
I am sorry to say that "undocumented ppl" have more sponsors in Washington than that for EB-based immigration ppl:D We can sit and whine on forum, unless we take our issues to the forefront (lawmakers and media) no one is going to bother us:p Thats reality:D
I also participated in meeting the lawmakers...Sept 18th to be exact.:) And yeah, I've been very nicely coached by Sumita on what to say and what not to...;)
What I meant was meeting those reps who have not been contacted. And which can be done locally all over the country.
I hope I'm clearer now...:)
485_se_dukhi, thanks for U'r suggestion about meeting local lawmakers. Indeed that is exactly what ppl had done on Sep 17 - Sep 19. We just covered about 150 lawmakers thats just ~1/4 of the lawmakers. Everyone can do the lawmaker meets at their local office, it doesn't require lot of effort just a few phone calls and few hrs to spare. Atleast one person from U'r state chapter would have attended the lawmaker meeting, U should contact U'r state lead on this and proceed further. Also those people who already attended the lawmaker meets are coached on what (not) to say during such meets..
I am sorry to say that "undocumented ppl" have more sponsors in Washington than that for EB-based immigration ppl:D We can sit and whine on forum, unless we take our issues to the forefront (lawmakers and media) no one is going to bother us:p Thats reality:D
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rklscp
05-22 10:34 PM
No you can't. You must have filed separately. You could have amended your return to file jointly, but not the other way around.
Thanks Totoro.
So, I can do it that way (file separately first and get stimulus and then amend the return to file jointly after I get stimulus) only for tax year 2008?
(IRS website also says if u do so, you dont have to return the stimulus benefit - unfortunately this clause was added only on 04/14/2008!! according to IRS website).
I cannot do anything this year I guess??
how could IRS expect us to file separately and get the stimulus and then amend our return as filing jointly without loosing the stimulus by announcing it on 04/14/2008??? I dont understand this stupidity at all!!
Thanks Totoro.
So, I can do it that way (file separately first and get stimulus and then amend the return to file jointly after I get stimulus) only for tax year 2008?
(IRS website also says if u do so, you dont have to return the stimulus benefit - unfortunately this clause was added only on 04/14/2008!! according to IRS website).
I cannot do anything this year I guess??
how could IRS expect us to file separately and get the stimulus and then amend our return as filing jointly without loosing the stimulus by announcing it on 04/14/2008??? I dont understand this stupidity at all!!
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bestin
02-10 07:56 AM
Why do you try and find an excuse to do less? IV never said stop sending once we get to 10000... or 20000.... We should try and get AS MANY LETTERS AS POSSIBLE. Aim high my friends.
U got me wrong ,my dear needhelp.I dont need an excuse .What i am doing or have done is not becos of compulsion from anyone.U say as if u have paid me to do.Whatever every one is doing is to fight a common issue.BTB i have clearly mentioned that i will be gettig involved in anymeasures endorsed by the core,meaning i wont like to involve in demands by any passer by henceforth to send this send that etc etc.A simple issue is during the omnibus campign someone asked me for my name address and other details.Now he wanted my phone number to talk to.I mentioned to him to give his that i can speak to him.For that he is not interested.If this guy such a coward to even discuss his identity the why the heck does he campign for million letters and demand others identity.
But my point here was if we want to wait for million siggies for the core to get involved as mentioned by D2K,then it is not worth sending letters.I might get my GC with a PD july 2007 before we collect 1 million letters even with the current pace of USICIS.We find it difficult to get 1000 letters then u discuss about 1 million.Ok assume we sent 1 million letters.Is Bush going to have it safe and file all those papers and have that for discussion.By the time we collect 1 million letters we are increasing the Govtmnts expenditure in removing thrash from Bush's office.
Try to be realistic.Thats all my point is.
Earlier the dates were Feb 9th.I have been thinking that with those collected we/core is about to start a discussion with DC based on that .Now you say march .No one is stopping anyone from writing letters,but why cant we initiate discussion in parallel instead of waiting for 1 million number.I dont mind accompanying to DC is i have been informed atleast 15 days ahead. :)
U got me wrong ,my dear needhelp.I dont need an excuse .What i am doing or have done is not becos of compulsion from anyone.U say as if u have paid me to do.Whatever every one is doing is to fight a common issue.BTB i have clearly mentioned that i will be gettig involved in anymeasures endorsed by the core,meaning i wont like to involve in demands by any passer by henceforth to send this send that etc etc.A simple issue is during the omnibus campign someone asked me for my name address and other details.Now he wanted my phone number to talk to.I mentioned to him to give his that i can speak to him.For that he is not interested.If this guy such a coward to even discuss his identity the why the heck does he campign for million letters and demand others identity.
But my point here was if we want to wait for million siggies for the core to get involved as mentioned by D2K,then it is not worth sending letters.I might get my GC with a PD july 2007 before we collect 1 million letters even with the current pace of USICIS.We find it difficult to get 1000 letters then u discuss about 1 million.Ok assume we sent 1 million letters.Is Bush going to have it safe and file all those papers and have that for discussion.By the time we collect 1 million letters we are increasing the Govtmnts expenditure in removing thrash from Bush's office.
Try to be realistic.Thats all my point is.
Earlier the dates were Feb 9th.I have been thinking that with those collected we/core is about to start a discussion with DC based on that .Now you say march .No one is stopping anyone from writing letters,but why cant we initiate discussion in parallel instead of waiting for 1 million number.I dont mind accompanying to DC is i have been informed atleast 15 days ahead. :)
karmika
12-10 05:21 PM
today, tomorrow for ever. the immigrant comunity is always divided.
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randomness
03-20 06:14 PM
I have had this query before. I had an H1B stamping on my passport for a company I never worked for. (Company A)
But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.
All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).
I got my new H1B approval I guess within 30 days of that RFE reply.
You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!
But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.
All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).
I got my new H1B approval I guess within 30 days of that RFE reply.
You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!
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bharol
06-30 04:58 PM
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
Congrats.
Not to scare you but USCIS Can make mistakes.
In our company we have an immigration chat alias and my colleague' friend's
wife's GC was approved and after a couple of months she got a mail saying that
her GC was approved by mistake and it is being revoked!
She hadn't event applied for EAD renewal since her GC was approved.
Now I am not making it up.
I don't have any more details about this case but I read this on our alias.
Congrats.
Not to scare you but USCIS Can make mistakes.
In our company we have an immigration chat alias and my colleague' friend's
wife's GC was approved and after a couple of months she got a mail saying that
her GC was approved by mistake and it is being revoked!
She hadn't event applied for EAD renewal since her GC was approved.
Now I am not making it up.
I don't have any more details about this case but I read this on our alias.
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duncanidaho
07-17 05:24 PM
Here are my observations:
* Fragommen, National - if you sre shelling dough out of your pocket, stay away from them. They are a corporate law firm & if your case gets into a mess, you'll end up paying by the hour. Their rates are higher and you will not get personal attention
* Greenberg Traurig, National - Dealt with them at a corporate level. Their team from DC did not have answers to some complicated situations that we had in our organization
* Murthy, MD - Sheela is good. She is aggressive and creative but they don't pay attention to detail and have good churn in their staff. Take into account you will not deal with Sheela herself on a day to day basis, so no point going to her firm
* Thomas Fan, MD - dude is in Baltimore. Avoid his firm like the plague. I know at least 2 cases where this guy has screwed things up bigtime AND washed his hands off the mess he created. These 2 cases eventually moved on to other firms & were successful
* Ellen Krengel, CA - Ellen is certified to practice in IL but lives and works in CA. Very approachable, empathetic, she will research things for you and keep you plugged into the situation. Relatively junior attorney but is commited to the cause
* Gowda, MI - Similar situation to Murthy. Firm's day to day work load is taken care of by junior attorneys not Gowda.
* Fragommen, National - if you sre shelling dough out of your pocket, stay away from them. They are a corporate law firm & if your case gets into a mess, you'll end up paying by the hour. Their rates are higher and you will not get personal attention
* Greenberg Traurig, National - Dealt with them at a corporate level. Their team from DC did not have answers to some complicated situations that we had in our organization
* Murthy, MD - Sheela is good. She is aggressive and creative but they don't pay attention to detail and have good churn in their staff. Take into account you will not deal with Sheela herself on a day to day basis, so no point going to her firm
* Thomas Fan, MD - dude is in Baltimore. Avoid his firm like the plague. I know at least 2 cases where this guy has screwed things up bigtime AND washed his hands off the mess he created. These 2 cases eventually moved on to other firms & were successful
* Ellen Krengel, CA - Ellen is certified to practice in IL but lives and works in CA. Very approachable, empathetic, she will research things for you and keep you plugged into the situation. Relatively junior attorney but is commited to the cause
* Gowda, MI - Similar situation to Murthy. Firm's day to day work load is taken care of by junior attorneys not Gowda.
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dallasdude
06-01 11:29 AM
Isnt this Ironic that Air France Flight went missing on coast of Brazil.
I think someone up in the sky has whipped at Air France.
Hope you meant it in humor. If not you need to go to therapy. Well, on second thought no one can even think about this in humor.
I think someone up in the sky has whipped at Air France.
Hope you meant it in humor. If not you need to go to therapy. Well, on second thought no one can even think about this in humor.
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Gravitation
06-01 07:06 PM
I've had some pilot training, so I'll chip in.
All commercial planes have advanced information of a thunderstorm way before it arrives. Most of the airlines/pilots take a detour to avoid it. That increase expense (extra fuel cost/arrival delay, passenger compensation, delay in subsequent flights, etc.). So, the chepo airlines will take a shot at simply going through it. Risk for a big modern plane is very very small but non-zero. An airline making a decision based on costs instead of ethics will pressurize captains to go through such storms.
The lesson is simple: avoid AF. You'll have to be an idiot to fly it or a cheap airlines like that.
Its a terrible tragedy when lives are lost. My heart goes out to the innocent victims and their family and friends.
Air France is conveniently blaming it on bad weather but I don't buy it...planes fly just fine in bad weather...at least well maintained planes. While their incompetency at customer service clearly shows, they are probably sub standard in maintenance and safety issues as well. Too bad innocent lives have to pay a price to bring that out.
Another reason not to fly Air France.
All commercial planes have advanced information of a thunderstorm way before it arrives. Most of the airlines/pilots take a detour to avoid it. That increase expense (extra fuel cost/arrival delay, passenger compensation, delay in subsequent flights, etc.). So, the chepo airlines will take a shot at simply going through it. Risk for a big modern plane is very very small but non-zero. An airline making a decision based on costs instead of ethics will pressurize captains to go through such storms.
The lesson is simple: avoid AF. You'll have to be an idiot to fly it or a cheap airlines like that.
Its a terrible tragedy when lives are lost. My heart goes out to the innocent victims and their family and friends.
Air France is conveniently blaming it on bad weather but I don't buy it...planes fly just fine in bad weather...at least well maintained planes. While their incompetency at customer service clearly shows, they are probably sub standard in maintenance and safety issues as well. Too bad innocent lives have to pay a price to bring that out.
Another reason not to fly Air France.
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Macaca
09-10 12:00 PM
He has
sat on the fence
so long that
the iron has entered
his soul
David Lloyd George
sat on the fence
so long that
the iron has entered
his soul
David Lloyd George
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sanju
09-12 03:01 PM
Agree 100%. Just to add under the section 'if McSame wins' -
Sen. McCain, a "Maverick" whatever that means, is a close friend to Sen. Lindsey Graham of SC. During the 2007 CIR debate, in the context of skilled immigration, Sen. Lindsey Graham commented - we do not want anymore Indian PHDs coming into US. Sen. Graham was talking about high-skilled immigration in general. Though Mccain supposedly makes his own decisions, the future looks bleak with either candidates.
I think many people on this and other forums would love to see President Obama due to opposition to war and slogan of change, to some extent - myself included. But most of us do not fully know the after-effects on this community. Get ready to feel the wrath of Sen. Durbin. It will get real nasty.
if Obama wins:
+ its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
- his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
- FB immigration will be put in preference over EB, we are screwed.
if McSame wins:
+ my taxes remain low
- CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
- if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?
Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.
Sen. McCain, a "Maverick" whatever that means, is a close friend to Sen. Lindsey Graham of SC. During the 2007 CIR debate, in the context of skilled immigration, Sen. Lindsey Graham commented - we do not want anymore Indian PHDs coming into US. Sen. Graham was talking about high-skilled immigration in general. Though Mccain supposedly makes his own decisions, the future looks bleak with either candidates.
I think many people on this and other forums would love to see President Obama due to opposition to war and slogan of change, to some extent - myself included. But most of us do not fully know the after-effects on this community. Get ready to feel the wrath of Sen. Durbin. It will get real nasty.
if Obama wins:
+ its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
- his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
- FB immigration will be put in preference over EB, we are screwed.
if McSame wins:
+ my taxes remain low
- CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
- if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?
Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.
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nat23
09-26 08:25 AM
MLS
How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio
Thanks
Nat
Hi Nat,
Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)
That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)
The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.
All the best.
How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio
Thanks
Nat
Hi Nat,
Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)
That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)
The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.
All the best.
more...
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bluekayal
03-17 10:54 AM
SEC. 405. STUDENT VISAS.
(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--
`(I)';
(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';
(C) by striking the comma at the end and inserting the following: `; or
`(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';
(2) in clause (ii)--
(A) by inserting `or (iv)' after `clause (i)'; and
(B) by striking `, and' and inserting a semicolon;
(3) in clause (iii), by adding `and' at the end; and
(4) by adding at the end the following:
`(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.
(b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.
(c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
`(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and
(2) by adding at the end the following:
`(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--
`(A) during the intended period of study in a graduate program described in such section;
`(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and
`(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.
(d) Off Campus Work Authorization for Foreign Students-
(1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--
(A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;
(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--
(i) has spent at least 21 days recruiting United States citizens to fill the position; and
(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--
(I) the actual wage level for the occupation at the place of employment; or
(II) the prevailing wage level for the occupation in the area of employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between academic terms.
(2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).
(e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:
`(a) Authorization-
`(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa;
`(C) the alien is admissible to the United States for permanent residence; and
`(D) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
(f) Use of Fees-
(1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
(2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.
1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--
`(I)';
(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';
(C) by striking the comma at the end and inserting the following: `; or
`(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';
(2) in clause (ii)--
(A) by inserting `or (iv)' after `clause (i)'; and
(B) by striking `, and' and inserting a semicolon;
(3) in clause (iii), by adding `and' at the end; and
(4) by adding at the end the following:
`(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.
(b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.
(c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
`(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and
(2) by adding at the end the following:
`(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--
`(A) during the intended period of study in a graduate program described in such section;
`(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and
`(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.
(d) Off Campus Work Authorization for Foreign Students-
(1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--
(A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;
(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--
(i) has spent at least 21 days recruiting United States citizens to fill the position; and
(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--
(I) the actual wage level for the occupation at the place of employment; or
(II) the prevailing wage level for the occupation in the area of employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between academic terms.
(2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).
(e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:
`(a) Authorization-
`(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa;
`(C) the alien is admissible to the United States for permanent residence; and
`(D) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
(f) Use of Fees-
(1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
(2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.
1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
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verma
02-20 06:03 PM
What happens if we don't have 25000 letters?
I see that we're way behind and only 10 days left.
I see that we're way behind and only 10 days left.
more...
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days_go_by
07-18 10:30 AM
Well, when I meant stay here, I obviosuly didn't mean forever. We should know within next year or so where various immigration bills stand. If anything is at all feasible or not. If nothing gets passed I agree not much point in staying here, i agee with all the points you said, we are indeed sacrificing a lot here.
I accepted the fact that working for the same company and technology has pretty much killed my technical career. So, I have been working for the next step.
As for the GMAT and PMI, already working on that, I have been taking PM certification courses at Berkeley Extension and should take GMAT in next 3-4 months. The moment, if at all, I get GC, I will be back to school.
I realize that this job is just a stop gap for me, as is for many of us, if I ever get my GC I will quit it at the earliest possible time.
But my point was while we are here, we need to increase our efforts to get these legislations passed. If there was no CIR or skill bill our situation would have been hopeless.
We just need to work harder and we will have a legislation passed in our favor. It does require a lot of work from all of us, I am suggesting simple stuff, just write letters to senators and media, every week, if all of us do this every week, someone is bound to hear us.
If things dont work out in our favor we all will have to go back, and we will find that out in next year or so. But everyone, including lawmakers, realzie the fact that if so many temp worker quit and go back, this country will come down to its knees, at least for few days/months, till they find replacements.
I am more hopeful, I think we will get one of those bills passed for our favor.
Don't think of giving up, let's intensify our efforts, it may seem far but the next turn might be the one for us.
I accepted the fact that working for the same company and technology has pretty much killed my technical career. So, I have been working for the next step.
As for the GMAT and PMI, already working on that, I have been taking PM certification courses at Berkeley Extension and should take GMAT in next 3-4 months. The moment, if at all, I get GC, I will be back to school.
I realize that this job is just a stop gap for me, as is for many of us, if I ever get my GC I will quit it at the earliest possible time.
But my point was while we are here, we need to increase our efforts to get these legislations passed. If there was no CIR or skill bill our situation would have been hopeless.
We just need to work harder and we will have a legislation passed in our favor. It does require a lot of work from all of us, I am suggesting simple stuff, just write letters to senators and media, every week, if all of us do this every week, someone is bound to hear us.
If things dont work out in our favor we all will have to go back, and we will find that out in next year or so. But everyone, including lawmakers, realzie the fact that if so many temp worker quit and go back, this country will come down to its knees, at least for few days/months, till they find replacements.
I am more hopeful, I think we will get one of those bills passed for our favor.
Don't think of giving up, let's intensify our efforts, it may seem far but the next turn might be the one for us.
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tnite
06-13 09:11 PM
Can I485 be applied through local USCIS office instead of the service center? if yes, whats the procedure?
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dask
06-10 04:34 PM
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
gcbeku
06-13 09:12 PM
I am already in the porting phase. My EB2 labor is in process. I just hate to see those still in EB3 hoping their day will come. They need to port their applications right away, or those with recent filings using fake experience will be ahead of them coz EB2 gets processed first with all the spill over.
And I would rather help them than someone like you who would not even disclose your info. You are a clear example of someone trying to walk the walk of the illegal aliens.
And what makes you think it is silly socialist? Unless you are one of the new graduates with a bachelor's degree with 5 years of experience on your resume.
My bad.. I misread your post. Your words sounded as if you were complaining about ethical reasons and not porting even if you were eligible to do so. It looks like you are the right thing already by porting.
And I would rather help them than someone like you who would not even disclose your info. You are a clear example of someone trying to walk the walk of the illegal aliens.
And what makes you think it is silly socialist? Unless you are one of the new graduates with a bachelor's degree with 5 years of experience on your resume.
My bad.. I misread your post. Your words sounded as if you were complaining about ethical reasons and not porting even if you were eligible to do so. It looks like you are the right thing already by porting.
shukla77
11-15 01:34 PM
Though majority would not agree but I agree with your point.
Flower campaign wasnt started by iv (atleast not by the seniors), it slowly gathered momentum on its own and produced results .
Flower campaign wasnt started by iv (atleast not by the seniors), it slowly gathered momentum on its own and produced results .
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