another one
11-02 11:25 AM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
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sunny1000
10-09 08:29 PM
I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o
goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.
hope that helps.
goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.
hope that helps.
gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
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santa123
01-26 12:46 AM
/\/\/\
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jonty_11
06-18 01:27 PM
Does the passport have to be valid for at least 6 months at the time of filing 485?
VA2008
09-25 11:56 AM
Great find! I printed and posted it my office.
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v2neha
02-17 07:23 PM
Very true - unfortunately my case that was received at SFO regional office in July'04 got transferred to PBEC in Oct'04. It is still rotting there! I read somewhere that BECs were supposed to follow adjudication process of CA SWAs and Regional offices due to their proven efficiency compared to other states. Wish they did - clearly they didn't
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ss1026
02-07 12:44 AM
The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
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raju_abc
07-21 10:03 PM
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
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jnraajan
03-27 12:26 PM
Bump
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knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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gckidhamal
11-19 02:50 PM
http://www.aila.org/content/default.aspx?docid=6727
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
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nogc_noproblem
11-14 09:55 PM
I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.
People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?
People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?
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karan2004m
09-15 12:12 AM
Dude,
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
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NewDocinUS
02-05 01:52 PM
I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.
Thanks
Thanks
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DDD
01-21 06:14 PM
bah...I wanna. I wish they were just links rather than dloads? Was that what the spec called for?
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mlkedave
03-08 12:40 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
yeah i thought it was gonna be between him, paddy, and me
yeah i thought it was gonna be between him, paddy, and me
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chanduv23
12-09 12:38 PM
Come on folks. So many people visit IV everyday. This time IV needs funds for lobbying. All you have to do is to contribute. So please
CONTRIBUTE CONTRIBUTE CONTRIBUTE
CONTRIBUTE CONTRIBUTE CONTRIBUTE
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rahulpatel
08-14 04:35 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
abhi_jais
12-04 03:24 PM
Bharmohan and Mukesh:
What happened to your case? Is it still pending or you got it stamped?
Please let us know.
What happened to your case? Is it still pending or you got it stamped?
Please let us know.
blah45
10-09 06:26 PM
Called USCIS and my information is still not in their database. The operator asked me to call again later.
:(:mad:
:(:mad:
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