amitjoey
05-21 01:54 PM
Please email and also send out letters.
There is also a feature for the media -That lets you email reporters 5 at a time. It sorts through and picks the most prominent publications based on your zip code.
It is simple, fields can stay populated if you choose so, all you have to do is click.
There is also a feature for the media -That lets you email reporters 5 at a time. It sorts through and picks the most prominent publications based on your zip code.
It is simple, fields can stay populated if you choose so, all you have to do is click.
apnair2002
06-29 09:46 PM
:)
gauravster
02-25 02:41 PM
Jchan, I completely agree with you. We should look into how we can get attention of this to the concerned people and not side tracked.
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
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.
more...
santb1975
04-26 01:04 AM
Walking_Dude - you are an inspiration
easygoer
06-26 11:53 AM
Here my 2 cents. Whether EB3 will move forward or not if you are in EB3 you are not in a position to chose. You have only two choices either be in USA or leave. If you decide to stay there is not harm promoting for these new immigration legislations. Even though it may have slightest chance, you have nothing to loose supporting it and working for it. In case it succeeds, you will get your green card much faster than normal process.
more...
tikka
07-05 11:31 AM
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
PLEASE DIGG!!!
PLEASE DIGG!!!
kapil_jn
09-05 04:34 PM
together we can make a difference.
its time to stand united.
its time to stand united.
more...
eers
07-16 08:54 PM
can we post bad experience from the attornys here? Is it ok to mention the name and details?
jthomas
10-15 06:38 PM
I recommend Rebacca Holt and associates in Los Angeles.
more...
chantu
06-28 06:08 PM
For I-485 pending you must give A#.
But I am going to write in Q.15..current immi status as H1-B for me and AOS for my wife. I can understand writing A# for my wife. But for me also is it A# or it should be I94#?
But I am going to write in Q.15..current immi status as H1-B for me and AOS for my wife. I can understand writing A# for my wife. But for me also is it A# or it should be I94#?
srkamath
07-17 07:36 PM
The current interpretation of spilling over to EB2 before EB3 is CORRECT. If there are three preference categories, EB1,2,3, then it is in the best national interest to maximize allocations to higher preference categories. Note that Eb3 and 4 are even lower preferences, they get only 7.1% each and NO SPILLOVERS. The preference system is in the order of EB1,2,3,4,5 - that is the law.
Is it fair to EB3 ? - NO as they have to wait much longer.
USCIS and DOS are trying hard to get all EB2 to become current asap. By doing so..
1. USCIS / DOS will look efficient (only EB3 will be backlogged)
2. 2010 onwards EB3 will get a lot more spillovers
Of course, if we have EB3 to EB2 conversions by the thousands, then the DOL - USCIS combo will clamp down on it, they will scrutinize the cases even more, slow down the processing and we will have EB2 and EB3 retrogressed for a decade.
Is it fair to EB3 ? - NO as they have to wait much longer.
USCIS and DOS are trying hard to get all EB2 to become current asap. By doing so..
1. USCIS / DOS will look efficient (only EB3 will be backlogged)
2. 2010 onwards EB3 will get a lot more spillovers
Of course, if we have EB3 to EB2 conversions by the thousands, then the DOL - USCIS combo will clamp down on it, they will scrutinize the cases even more, slow down the processing and we will have EB2 and EB3 retrogressed for a decade.
more...
leoindiano
02-24 05:26 PM
I am on EAD, I marched to capitol building in DC for the relief i got, I support this admin fix effort...Count me in for anything you plan to do...
rklscp
05-21 08:14 PM
Really an interesting issue to talk about. I came to this site via google search. I am in the same boat. I am living in country for 14 years (F1 and now H1) with SSN. My wife never worked here; so she has H4. We have a daughter born here with SSN. We could not get this "stimulus rebate" because we filed "married filing jointly". I understand from IRS site that if you filed "married filing separately" you would get the benefit and you can later on amend your filing as "married filing jointly" (04/14/08). This may be beneficial if you "itemize" your deductions. You will still qualify for excemptions. But, if you do not itemize your deductions, your standard deduction will be halved if you file "married filing separately".
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
more...
walking_dude
09-04 12:41 PM
We are not asking for any special rights or entitlement. We are not doing anthing illegal. We are just petitioning the government to treat us - fairly - in the spirit of the founding charter of this nation, Declaration of Independence - That all men are created equal, and deserve equal chances in the Pursuit of Happiness.
No one can harm us for rallying to our cause. Our actions are protected by the First ammendment which gives Freedom of Speech and Expression to even the non-citizens.
No one can harm us for rallying to our cause. Our actions are protected by the First ammendment which gives Freedom of Speech and Expression to even the non-citizens.
justAnotherFile
03-20 04:02 PM
hi stucklabor,
my earlier post was not meant to be offensive regarding your interpretations of the bill, I apologize if it came across that way.
rather my post was meant to challenge your interpretation in the common interest. however after seeing your response i did look up the bill text and agree that the provisions on the Section 405 (e) seem to apply to retroactively to all who would have been in such status if the section was in force when the graduated.
My earlier comments were based on Bill Frist's own summary of his bill and not any third party's. however the summary does not mention anything about the retroactive nature of adjustment of status under f-4
- justanother file
my earlier post was not meant to be offensive regarding your interpretations of the bill, I apologize if it came across that way.
rather my post was meant to challenge your interpretation in the common interest. however after seeing your response i did look up the bill text and agree that the provisions on the Section 405 (e) seem to apply to retroactively to all who would have been in such status if the section was in force when the graduated.
My earlier comments were based on Bill Frist's own summary of his bill and not any third party's. however the summary does not mention anything about the retroactive nature of adjustment of status under f-4
- justanother file
more...
chitta123
02-08 03:31 PM
I am in a lot of stress. Please help out if possible.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
yabadaba
11-12 09:41 AM
Ok..I know I should read thru the older posts, but didnt get a sense of what is required in my case, so I am posting the question online.
My wife was on her independent H1B. she travelled out side the country and was readmitted on H1b. After that she turned in her 2 weeks notice and has started working for another company on her EAD.
We have not applied for our AP previously.
My question is this:
In Part 1 , Q3
Class of Addmission
Should she put H1B (last admitted as)
or would it be Adjustment of Status (since she is using EAD)
Also, what kind of supporting documents need to be sent?
I-485 copy
EAD Copy ( yes/ no)
I-94 H1B issued at POE (yes/no)
2 passport sized photographs?
anything else?
My wife was on her independent H1B. she travelled out side the country and was readmitted on H1b. After that she turned in her 2 weeks notice and has started working for another company on her EAD.
We have not applied for our AP previously.
My question is this:
In Part 1 , Q3
Class of Addmission
Should she put H1B (last admitted as)
or would it be Adjustment of Status (since she is using EAD)
Also, what kind of supporting documents need to be sent?
I-485 copy
EAD Copy ( yes/ no)
I-94 H1B issued at POE (yes/no)
2 passport sized photographs?
anything else?
paskal
09-04 02:58 PM
Please be good enough to complete your profile, so we can communicate with you better! thanks...
senthil1
05-31 03:09 PM
Last few lines of this artice is clear about Senate mood. Even IV wants to lobby sepeately for gc numbers IV has to come up with reasonable numbers based on requirement. Arbitary numbers or blanket exemptions will have more chance for failure.
But unless they can prove that they system is not currently being abused, and unless they can come up with specific figures for the number of visas required, they will have a hard time persuading lawmakers that the cap needs to be raised beyond the current proposal of 115,000.
http://www.forbes.com/opinions/2007/05/21/outsourcing-immigration-congress-oped-cx_bw_0523legislate.html
What you are saying is a high level picture of what the lawmakers think.
Instead of asking reasonable numbers asking for no cap.
True that the tech companies are not comming up with a cap because they believe by saying this, they might be restricted for many years to bring in extra people if they have an opening.
Before dot com bust even lot of US citizens welcomed H1b persons as there was not much layoffs. But past 7 years layoffs increased to outsource to India,China and other countries. For that they have to hire H1b and L1 persons from Countries mainly India. Those things made anti immigrants hardened their stand. US workers fear that they may lose job if US opens up immigration too much.
How did the anti-immigrants get a upper hand on this. They are allowing illegals to get an easy path to citizenship.. this will cause a huge influx of people who will benefit the economy but down the line their children will take up the jobs of the americans.. so why a benefit to illegals.
Now you would say that there are so many companies lobbying for the illegals,
true but why don't they listen to the tech lobbyist who are few in number but asking what is actually,legally, abide rulles ly necessary to increase the economy.
But unless they can prove that they system is not currently being abused, and unless they can come up with specific figures for the number of visas required, they will have a hard time persuading lawmakers that the cap needs to be raised beyond the current proposal of 115,000.
http://www.forbes.com/opinions/2007/05/21/outsourcing-immigration-congress-oped-cx_bw_0523legislate.html
What you are saying is a high level picture of what the lawmakers think.
Instead of asking reasonable numbers asking for no cap.
True that the tech companies are not comming up with a cap because they believe by saying this, they might be restricted for many years to bring in extra people if they have an opening.
Before dot com bust even lot of US citizens welcomed H1b persons as there was not much layoffs. But past 7 years layoffs increased to outsource to India,China and other countries. For that they have to hire H1b and L1 persons from Countries mainly India. Those things made anti immigrants hardened their stand. US workers fear that they may lose job if US opens up immigration too much.
How did the anti-immigrants get a upper hand on this. They are allowing illegals to get an easy path to citizenship.. this will cause a huge influx of people who will benefit the economy but down the line their children will take up the jobs of the americans.. so why a benefit to illegals.
Now you would say that there are so many companies lobbying for the illegals,
true but why don't they listen to the tech lobbyist who are few in number but asking what is actually,legally, abide rulles ly necessary to increase the economy.
NolaIndian32
05-01 01:45 PM
$8,761.
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