starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
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http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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ruchigup
08-14 12:57 PM
I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
thakkarbhav
11-17 12:19 PM
I guess you need GC to apply for UnEmployment benefits....Is it correct?
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uscisc
09-10 05:56 PM
You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.
But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.
In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.
But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.
In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.
more...
paskal
05-29 10:48 AM
they are decreasing from 140,000 to 90,0000....
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
vidyakulkarni
07-11 06:52 PM
can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.
I am in 6th year of H1b.
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Prashanthi
08-19 12:55 PM
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
2010 Ghost Protocol.
martinvisalaw
08-12 02:02 PM
First, the letter you got is probably a standard local office interview letter, so that it assumes a marriage-based interview rather than employment-based. This happens often.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
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vxb2004
10-03 07:03 PM
As far as I know, I think you need an approved I-140 before you can use AC21.
hair Mission Impossible: Ghost
radhagd
02-20 09:21 AM
Yes you can use your Company A experience for applying EB2 in COmpany B.
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toosunneo
02-02 11:01 AM
You are right. The attorney thought that my sixth year ended in August 2010. Glad I don't have to travel outside of US. Thanks for the response.
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coolfun
07-26 12:42 PM
Hi,
I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?
Thanks.
I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?
Thanks.
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prajwal123
01-07 03:40 PM
Hi,
I Think you need not worry. Air-india will stop in paris for 1 or 2 hours for fuel. They will not allow you to get down from flight. So, technically no stop in paris. I came through air-india last week. No need of french visa. Go by what air-india says. Regarding NJ-Newyork.. let others can answer. No problem as long as u have full AP Papers.
I Think you need not worry. Air-india will stop in paris for 1 or 2 hours for fuel. They will not allow you to get down from flight. So, technically no stop in paris. I came through air-india last week. No need of french visa. Go by what air-india says. Regarding NJ-Newyork.. let others can answer. No problem as long as u have full AP Papers.
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sbmallik
06-26 08:31 AM
Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.
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sidbee
05-27 12:57 PM
From what I read in the article they are talking about chaging 'the place of incorporation' from Bermuda to Ireland to avoid paying higher taxes through the proposed tax legislation ...dosent't talk about relocating all operations to Ireland
I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.
They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.
I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.
They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.
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Dipika
03-26 05:06 PM
i'm in same situation. Lawyer said filing I-130 is not considered as another GC application. it's just petition and doesn't affect EB processing. even we don't need to mention it in EB I-485. both are seperate things.
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(
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Mr. Brown
12-22 06:30 PM
I thought this was funny and had to post this link :D.
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.
girlfriend Mission Impossible 4: Ghost
aries
08-28 01:28 PM
Hello Friends,
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
hairstyles Mission Impossible 4 - Ghost
gcworkaround
11-26 01:32 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
EAD
03-30 12:04 PM
When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.
Though it was 3 years back I am not sure if its done the same way now also.
Though it was 3 years back I am not sure if its done the same way now also.
parad0xl0g
04-18 11:20 PM
I really like this stamp. It's a good & of course a very surrealist idea.
:krazy: What an awesome idea about make stamp designs!
:krazy: What an awesome idea about make stamp designs!
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