mundada
11-06 04:30 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
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nayekal
08-18 06:30 PM
Exactly.....You nailed it correctly.
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
ineedhelp
07-17 07:10 PM
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
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regacct
11-12 11:03 AM
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
Find answers to your questions Sect 15: Converting categories/statuses
Find answers to your questions Sect 15: Converting categories/statuses
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zico123
06-14 07:49 PM
Share experiences of good and bad consulting companies here. Help someone avoid the trap of fraud consulting firms which ruin peoples careers.
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http://h1b.wikidot.com/h1b-companies
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Share this site with others and lets put an end to the consulting trauma.
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NKR
04-15 08:50 PM
Congratulations, I am happy for you.
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Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
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Administrator2
01-25 07:34 PM
Congressman Flake reintroduces STAPLE Act to renew the focus on competitiveness.
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
more...
WillIBLucky
12-22 01:18 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
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rishikesh75
11-09 10:28 AM
Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
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saileshdude
07-21 06:41 PM
In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.
Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.
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gparr
May 23rd, 2005, 07:27 PM
Thanks to everyone for the feedback. All of it is very helpful and the kind of comments I hope to get for critiques.
Queen, Chris: Interesting that the white rock bothered you. It didn't me until I cloned it out. It was very distracting.
Bob: In #1 I focused on the dwarf Joshua tree in the foreground so everything beyond that should be in focus. I think the image suffers from compression and that's why the plantlife looks out of focus in the mid-ground. According to the lens, at f/10 everything beyond 3ft. should be in focus. I can see all of the individual branches in the full-sized image.
Nik: Not sure I understand what you mean about the polarizer. Didn't know I had that kind of control over the polarized light. Can you educate me?
Don, Josh, and rr3: My plan in #2 was to make the eye start at the yucca in the bottom right and flow through the image to the back left of the scene. In retrospect Don, you're right. It's too cramped. I only wish it was a crop, but it's full frame so I'm stuck with it. Josh, good point about something to balance the image. Not sure I could have done anything about it but I'll watch for a balancing element next time.
Queen: I included the path in #2 for that very reason. To get to the base of the rocks would have taken much more hiking time than I had. The next time I go to Vegas, I hope to have time to hike one of those trails and experience the rocks up close. The third image is not a crop. It's a different image shot with my 105mm macro. Wanted to show the color changes in the different rock levels. It is a portion of the second shot.
Brad: You're right. The timeframe at sunrise and sunset for excellent light is very short. Once that point is past, the light quickly becomes very harsh and seems to start bouncing all over the place. I have minimal experience shooting in such wide open spaces and with massive rock surfaces and found it very challenging both times I was there. The polarizer helped a lot this time, but much of doing these landscapes well seems to be knowing the area and timing and positioning.
Queen: I'd hire you in a heartbeat, but don't want you to have the misconception that business travel is pleasant. Getting to do a little shooting on the side is a small payback.
Gary
Queen, Chris: Interesting that the white rock bothered you. It didn't me until I cloned it out. It was very distracting.
Bob: In #1 I focused on the dwarf Joshua tree in the foreground so everything beyond that should be in focus. I think the image suffers from compression and that's why the plantlife looks out of focus in the mid-ground. According to the lens, at f/10 everything beyond 3ft. should be in focus. I can see all of the individual branches in the full-sized image.
Nik: Not sure I understand what you mean about the polarizer. Didn't know I had that kind of control over the polarized light. Can you educate me?
Don, Josh, and rr3: My plan in #2 was to make the eye start at the yucca in the bottom right and flow through the image to the back left of the scene. In retrospect Don, you're right. It's too cramped. I only wish it was a crop, but it's full frame so I'm stuck with it. Josh, good point about something to balance the image. Not sure I could have done anything about it but I'll watch for a balancing element next time.
Queen: I included the path in #2 for that very reason. To get to the base of the rocks would have taken much more hiking time than I had. The next time I go to Vegas, I hope to have time to hike one of those trails and experience the rocks up close. The third image is not a crop. It's a different image shot with my 105mm macro. Wanted to show the color changes in the different rock levels. It is a portion of the second shot.
Brad: You're right. The timeframe at sunrise and sunset for excellent light is very short. Once that point is past, the light quickly becomes very harsh and seems to start bouncing all over the place. I have minimal experience shooting in such wide open spaces and with massive rock surfaces and found it very challenging both times I was there. The polarizer helped a lot this time, but much of doing these landscapes well seems to be knowing the area and timing and positioning.
Queen: I'd hire you in a heartbeat, but don't want you to have the misconception that business travel is pleasant. Getting to do a little shooting on the side is a small payback.
Gary
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ItIsNotFunny
04-27 12:39 PM
I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.
This is correct as per my knowledge.
This is correct as per my knowledge.
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immi_2006
08-07 10:32 AM
You need to realize that 485 is a separate application when you file for yourself or your wife. So all the documents mentioned in 485 imply to your wife application too. Few changes need to be taken care
1.If 140 is pending or approved in texas your wife application should go to texas
2. If 140 pending attached the labor approved copy.
3. Employment copy instead of original.
Hope this helps
1.If 140 is pending or approved in texas your wife application should go to texas
2. If 140 pending attached the labor approved copy.
3. Employment copy instead of original.
Hope this helps
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gxr
10-02 09:44 AM
Mine is EB3 with a RD of Oct 6.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
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santb1975
03-24 12:37 PM
I am listening to this now
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yabadaba
07-12 08:47 AM
what the hell is AILF doing????? why hasnt the lawsuit been filed yet????
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chanduv23
02-17 09:32 PM
We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It has been tried, they are not open to talk
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It has been tried, they are not open to talk
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delhirocks
07-05 06:36 PM
First off, thanks for the response guys.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
dpp
02-21 01:25 PM
Dec 21, 2006
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
pcs
01-20 10:09 AM
Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????
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