waitnwatch
05-25 07:40 PM
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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watertown
03-11 11:50 AM
Guys, I've aske this in another board but does anyone know any good attorney in Boston area who can handle WOM/ AC21 like stuff?
My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld
My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld
abhikal
04-28 06:23 PM
Hi guys,
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?
Thanks for your help and replies
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?
Thanks for your help and replies
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studmvr
12-20 01:29 PM
Instead i will donate the travel expenses to IV...........
Good Luck Every one
Good Luck Every one
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desi3933
03-02 10:37 AM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
eblues
09-05 11:51 AM
Hi everyone,
I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.
I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.
Am I trying to do anything illegal or that might make me fall out of status?
Thank you everyone,
Pierluigi
I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.
I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.
Am I trying to do anything illegal or that might make me fall out of status?
Thank you everyone,
Pierluigi
more...
shana04
05-18 05:42 PM
C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
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Dakshini R. Sen
06-24 11:46 PM
If you decide to go back to school nothing will happen to your wife's I-485 application. She is eligible to an EAD as long as her I-485 is pending.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
more...
wandmaker
04-28 08:50 AM
what if they are both used in the same sentence for the same case like they did for OP ? :)
My best guess is :D
pre-adjudicated under review = it is not over yet :)
My best guess is :D
pre-adjudicated under review = it is not over yet :)
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DSLStart
09-30 02:44 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
more...
gjoe
01-03 04:38 PM
I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
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pd_recapturing
10-15 12:00 PM
I think you need to show visa proof when you go to most of the DMVs.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
more...
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chanduv23
06-18 02:24 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section
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pd_recapturing
10-14 08:59 PM
Please suggest. Bumping up ...
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m306m
12-12 01:43 PM
1. To travel out you won't have a problem. Just ensure that the ticketing agent takes the expired I94. Your really don't need the copy of your I485
2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.
Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.
Have a safe trip :)
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.
Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.
Have a safe trip :)
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
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lskreddy
08-07 03:03 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
more...
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bhatt
08-05 04:56 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
It is just depeneds on luck.
My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
It is just depeneds on luck.
My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.
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next
01-15 11:07 PM
Lets vote guys
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Sunx_2004
10-05 03:17 PM
Any one have any more info. on this type of case, Please share.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
chapper
07-19 10:56 AM
Good Question - I'm also looking for an answer along these lines. We should work to find a solution
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
perm2gc
01-08 03:30 PM
How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..
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