krishna
03-05 12:47 AM
If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.
lacrossegc
12-10 06:30 PM
Good points paskal .... mature and thoughtful
Now folks lets get back to work .... we still have a long way to go to reach our goal of 30k ... Keep up the good work and keep motivating others who may not have contributed to contribute.
Now folks lets get back to work .... we still have a long way to go to reach our goal of 30k ... Keep up the good work and keep motivating others who may not have contributed to contribute.
gc28262
07-22 11:30 AM
Religion, politics and language. They are all controversial topics. !
stucklabor
03-18 12:38 PM
Appu, I found it! Frist's bill says that for foreign applicants with advanced degrees in STEM from an accredited US grad program (no matter when they graduated), notwithstanding the applicant's eligibility for US permanent residence, the applicant can file for adjustment of status if the applicant has an immigrant petition filed under one of the EB categories.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
more...
dish
03-17 03:38 PM
The reason H4's are ignored, is that 90% of them are woman. Most H1b Contractors come from third world countries. And most men would like to see their wives as housewives only. Also woman are less aware of socio-political issues. When they understand, they can't work on H4 visa, they just accept it as their fate. they never ask for more .
Unless the women on H4 starts to speak up and spread the awareness of H4 issues, getting work permit for H4 will always remain a dream. even though few woman activists are trying to lobby for it. We have educate the Congressmen that Woman on H4 needs to have Work authorization. It is not a privilege. It should be a right. I think ImmigrationVoice should put H4 Work Authorization in their agenda.
Unless the women on H4 starts to speak up and spread the awareness of H4 issues, getting work permit for H4 will always remain a dream. even though few woman activists are trying to lobby for it. We have educate the Congressmen that Woman on H4 needs to have Work authorization. It is not a privilege. It should be a right. I think ImmigrationVoice should put H4 Work Authorization in their agenda.
desi3933
03-05 12:19 PM
I think pre-adjudication solves this catch-22 situation, and they have been pre-adjudicating quite a bit over the past two years. So, I dont think that this is an issue.
>> I think pre-adjudication solves this catch-22 situation
No. It does not.
Since, as per letter, country of chargeability is assigned at the time of approval (i.e. when immigrant visa number is assigned)
.
>> I think pre-adjudication solves this catch-22 situation
No. It does not.
Since, as per letter, country of chargeability is assigned at the time of approval (i.e. when immigrant visa number is assigned)
.
more...
grupak
06-24 11:35 AM
Time taken for the calls; a few minutes
Cost to make these calls; a few cents
The feeling afterwards................PRICELESS!! :)
That's the beauty of working together. Individual efforts and contributions are small but adds up.
Participate. Also there is a funding drive. Contribute what you feel comfortable.
Cost to make these calls; a few cents
The feeling afterwards................PRICELESS!! :)
That's the beauty of working together. Individual efforts and contributions are small but adds up.
Participate. Also there is a funding drive. Contribute what you feel comfortable.
Legal
07-18 02:28 PM
Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
sc3, First of all let me express understanding of your agony and disappointment. If I were in your situation, probably I'll be talking like you.:)
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
sc3, First of all let me express understanding of your agony and disappointment. If I were in your situation, probably I'll be talking like you.:)
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
more...
cagedcactus
10-18 07:17 AM
WD, good idea...
bring all the material and pointers to kick off the meeting. We clearly see you as our technical leader. Formalities will be quick at the meeting so that we can recognize a few people as leaders, who can communicate with IV leaders and keep working on local plans...
People please share your experience, and thoughts about how you want to approach the local task....
confirm your place at the meeting....
we have 4 people posting here in thread... that wont do.... meetings are once in a while things... we need constant participation from others here on IV.... this place is the center point for us. If you are busy, mark down your cellphone calendar for a daily time when you can visit IV and michigan chapter thread to keep yourself and others updated....
bring all the material and pointers to kick off the meeting. We clearly see you as our technical leader. Formalities will be quick at the meeting so that we can recognize a few people as leaders, who can communicate with IV leaders and keep working on local plans...
People please share your experience, and thoughts about how you want to approach the local task....
confirm your place at the meeting....
we have 4 people posting here in thread... that wont do.... meetings are once in a while things... we need constant participation from others here on IV.... this place is the center point for us. If you are busy, mark down your cellphone calendar for a daily time when you can visit IV and michigan chapter thread to keep yourself and others updated....
dc2007
07-02 05:17 PM
Anybody has experience with ILTC (New York) ?
more...
bestin
09-25 07:12 AM
Hi - I have had a very bad experience with Fragomen, everything was filed correctly but the way they treat their client is pathetic. I have heard a lot of people are victims of this big corporation, lets get together to fix this.I had used their service once when i was in L2.They were the attorneys for my wife's corporation and my wifes corp files their visa extension only just before it expires.I was on L2EAD and the safer bet would have been to file atleast with the same petion extension for my ead extension.They charged about 1000 dollars,but i dont know how,i got my new EAD card and receipt notice together.But the L1 extension notices were received after about a week of receipt of ead.EAD was still far ahead of the processing time at vermont service center.
I still doubt filing thru attorneys makes things work out quicker.
My first EAD (used an attorney) in L2 was approved in about 65 days.Extension got approved in less than 20 days.Currently i am on L1 and my wife on l2.I applied online for her EAD and it is almost 80 days .No updates yet.
I still doubt filing thru attorneys makes things work out quicker.
My first EAD (used an attorney) in L2 was approved in about 65 days.Extension got approved in less than 20 days.Currently i am on L1 and my wife on l2.I applied online for her EAD and it is almost 80 days .No updates yet.
nc14
06-13 07:26 PM
Congrats to the IV community.
GO IV GO..
.................................................. .
$220 + $20 recurring.
GO IV GO..
.................................................. .
$220 + $20 recurring.
more...
yabadaba
07-05 11:14 AM
Oh law reports:
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
factoryman
02-12 12:49 PM
Here is the status update from HLG website. Note the date. Anybody here at IV, agree with me, if it needs to be countered by a direct web fax to Congress.
2/12/2007 IMMIGRATION ALERT:
ADVOCACY ALERT: RETROGRESSION: WE'RE GETTING CLOSE
HLG has confirmed that the Senate leadership is comfortable with a proposal to solve retrogression for Schedule A occupation -- registered nurses and physical therapists. It was through grassroots advocacy that we were able to explain to the Senate leadership just how important this issue is. Thank you to everyone who made an effort.
We now must turn our efforts toward the House.
If anyone works with or at any hospitals in the following Representatives' districts, please contact Chris Musillo (cmusillo@hammondlawfirm.com; 513-381-2011 x223) ASAP.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls and sign onto a letter. If they are willing to do that, please let Chris know ASAP. Chris can then explain exactly what needs to be done.
THIS IS VERY IMPORTANT.
We're getting close.
Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications:
Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly.
http://www.hammondlawfirm.com/mailing_list.htm
2/12/2007 IMMIGRATION ALERT:
ADVOCACY ALERT: RETROGRESSION: WE'RE GETTING CLOSE
HLG has confirmed that the Senate leadership is comfortable with a proposal to solve retrogression for Schedule A occupation -- registered nurses and physical therapists. It was through grassroots advocacy that we were able to explain to the Senate leadership just how important this issue is. Thank you to everyone who made an effort.
We now must turn our efforts toward the House.
If anyone works with or at any hospitals in the following Representatives' districts, please contact Chris Musillo (cmusillo@hammondlawfirm.com; 513-381-2011 x223) ASAP.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls and sign onto a letter. If they are willing to do that, please let Chris know ASAP. Chris can then explain exactly what needs to be done.
THIS IS VERY IMPORTANT.
We're getting close.
Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications:
Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly.
http://www.hammondlawfirm.com/mailing_list.htm
more...
mdmd10
04-28 09:58 AM
Made a 1 time contibution of $100.
Paypal Reciept ID: 12939790UY589421T
Paypal Reciept ID: 12939790UY589421T
malaGCPahije
04-28 10:26 AM
Contributed $100
Receipt ID: 8NN61818WV0476425
Thank you to all of the IV team members for working so hard for all of us.
Receipt ID: 8NN61818WV0476425
Thank you to all of the IV team members for working so hard for all of us.
more...
mkelekar
07-19 11:30 PM
If I file my wife's 485 separately, lawyer is doing mine and is not willing to include both together. My 140 is approved.
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
niklshah
03-05 09:44 AM
I am in for contribution...... some information is better than nothing what we have rite now...
Caliber
05-27 07:50 AM
Thank you IV for doing this. You guys are awesome!!
Receipt ID: 4024-0627-2092-3758
Contribution Amt: $100.
Thank you Tempworker.
Friends, please contribute. We must utilize the opportunities, otherwise we will continue to suffer like this.
Thanks for understanding.
Receipt ID: 4024-0627-2092-3758
Contribution Amt: $100.
Thank you Tempworker.
Friends, please contribute. We must utilize the opportunities, otherwise we will continue to suffer like this.
Thanks for understanding.
va_labor2002
07-05 01:20 PM
When Skill bill will be scheduled to debate / discuss in house as well as in Senate? Any idea please.
1) When are we sending FAX to congressmen ? Is there a plan of action from the Core Team members regarding this SKIL BILL ?
2) When the debate starts in congress ? How can we find out the dates?
Any comments ?
1) When are we sending FAX to congressmen ? Is there a plan of action from the Core Team members regarding this SKIL BILL ?
2) When the debate starts in congress ? How can we find out the dates?
Any comments ?
unitednations
02-13 01:05 AM
I posted a reply long ago - it was quite hard-hitting on Berry. It somehow hasn't shown up until now - wonder if the editors "balance" the pro- and anti- immigrant letters :mad:
BTW this Berry guy seems to be in the know of everything happening on this site. I hope at least now those blowhards among us who insist of by-the-minute updates and "where is my 20$" questions appreciate why the core members don't give updates on these forums. If you are so keen on updates, get off your backsides and pick up that darn phone !!!
The problem of contacting media with "stories" is that you don't want people who are just hanging by a thread; just trying to stay in status and having all sorts of hardship because they want to stay. It feeds into the fact that there are a lot of people here which the country doesn't need. Discussing layoffs or threats of layoffs or employer abusing, etc., feeds into the perception from an outside person that there are too many people here not doing specialized work that an American is not able to do.
Regarding Berry. I haven't gone to programmersguild web-site in a long time but the point that they seem to always bring up which seems to really bother them is that an American lost their job after training an h-1b person who was a cheaper option or an American lost their job because they had to train an L-1 worker who would then take the job offshore. He also points to h-1b companies who don't pay very much (information taken from LCA's which is public information).
Fortunately for the skilled immigrants; many members of congress/senate are business leaders themselves. Everyday there is a merger and job elimintions where one person has to train another who is getting their job cut. After all when Bank One merged with JP Morgan, there were a lot of people who had to train others and the trainer eventually lost their job. This is normal to business and not specific to people on work visas. Therefore, they don't have much merit to this argument. It is a fact of everyday business that if a job can be done by a person with one to two years of experience then they will replace a person who has been doing it for 10 years. the person with 10 years of experience could have pretty substantial pay package because those 4 to 5% increases over 10 years can add up. If a person is overpaid for a job that doesn't require much experience then they are pretty much dead weight and are discarded. This is not specific to immigrants but has been going on for many, many years in this country. Therefore, although their arguments at face value may have some merit to them; the business leaders, members of congress/senate are too smart because they themselves have done this at companies they may have been associated with and those companies probably didn't have much immigrants working there.
Unfortunately, on paper it does look like the bodyshops are paying very low when looking at LCA's. However, we all know that what is listed on the LCA; in no way has any reality to the total compensation that a person is getting paid. If people are working on ratio which most people do convert to; their billing rate on the low end would be $50 ($100,000 per year) which would probably work out to $80,000. However, the LCA might only show a salary of $50K (people take per diems as the rest or save it for a rainy day).
BTW this Berry guy seems to be in the know of everything happening on this site. I hope at least now those blowhards among us who insist of by-the-minute updates and "where is my 20$" questions appreciate why the core members don't give updates on these forums. If you are so keen on updates, get off your backsides and pick up that darn phone !!!
The problem of contacting media with "stories" is that you don't want people who are just hanging by a thread; just trying to stay in status and having all sorts of hardship because they want to stay. It feeds into the fact that there are a lot of people here which the country doesn't need. Discussing layoffs or threats of layoffs or employer abusing, etc., feeds into the perception from an outside person that there are too many people here not doing specialized work that an American is not able to do.
Regarding Berry. I haven't gone to programmersguild web-site in a long time but the point that they seem to always bring up which seems to really bother them is that an American lost their job after training an h-1b person who was a cheaper option or an American lost their job because they had to train an L-1 worker who would then take the job offshore. He also points to h-1b companies who don't pay very much (information taken from LCA's which is public information).
Fortunately for the skilled immigrants; many members of congress/senate are business leaders themselves. Everyday there is a merger and job elimintions where one person has to train another who is getting their job cut. After all when Bank One merged with JP Morgan, there were a lot of people who had to train others and the trainer eventually lost their job. This is normal to business and not specific to people on work visas. Therefore, they don't have much merit to this argument. It is a fact of everyday business that if a job can be done by a person with one to two years of experience then they will replace a person who has been doing it for 10 years. the person with 10 years of experience could have pretty substantial pay package because those 4 to 5% increases over 10 years can add up. If a person is overpaid for a job that doesn't require much experience then they are pretty much dead weight and are discarded. This is not specific to immigrants but has been going on for many, many years in this country. Therefore, although their arguments at face value may have some merit to them; the business leaders, members of congress/senate are too smart because they themselves have done this at companies they may have been associated with and those companies probably didn't have much immigrants working there.
Unfortunately, on paper it does look like the bodyshops are paying very low when looking at LCA's. However, we all know that what is listed on the LCA; in no way has any reality to the total compensation that a person is getting paid. If people are working on ratio which most people do convert to; their billing rate on the low end would be $50 ($100,000 per year) which would probably work out to $80,000. However, the LCA might only show a salary of $50K (people take per diems as the rest or save it for a rainy day).
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