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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Znan
07-15 11:03 AM
I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
rajev_kk
06-20 06:12 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
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sen
11-01 06:43 PM
I ran into the same issue when my wife I-94 was about to expire even though she had valid visa in her passport till 2010. We just crossed over to Canada (through Detroit) and after spending an hour we returned back to US. On our entry, we requested the officer to issue new I-94 since it was expiring. He directed us to the immigration officer who issued a new I-94.
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
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sanju
11-09 01:30 PM
And is Bush the Hanuman?
And McCain the Narad Muni?
And Palin the Surpanakha?
Who is Akbar?
.
And McCain the Narad Muni?
And Palin the Surpanakha?
Who is Akbar?
.
tonyHK12
11-07 10:00 AM
Guys the person who wrote this article is a Democratic political consultant - in short political propaganda.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
more...
Raju
04-07 05:06 PM
Is H1/H4 renewal in Mexico also existing instead of homecountry?
But double check with your lawyer...But it might require a US degree(easy to verify for the consulate staff)
But double check with your lawyer...But it might require a US degree(easy to verify for the consulate staff)
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bikram_das_in
09-03 06:21 PM
My employer filed 7th year extension of my H1b and the receipt date is Aug 10. My current H1b expires on Oct 12th.
Did anybody do 7th year extension recently? How much time it takes? Did anybody get 3 years extn with approved I-140?
Did anybody do 7th year extension recently? How much time it takes? Did anybody get 3 years extn with approved I-140?
more...
pmpforgc
11-01 02:49 PM
Dear Friends
My I-140 (Sch-A cat-II, recipt date 08/24/2006, upgraded to premium on Oct-25) got approved on Oct-30, 2006
My I-485 was also filed concurrently. I already got finger printed 09/06/06 and there were LUDs on I-485s after that on O9/07/06 and 09/14/06.
After my I-140 approval on Oct-30, My and my families I-485s has LUDs on 10/31/06 and 11/1/06.
Based on your experience, does the recent LUDs on my I-485s suggest some type of approval process?
Can you share your expereiences and knowledge and tell me what these recent LUDs on my I-485s means?
thanks
My I-140 (Sch-A cat-II, recipt date 08/24/2006, upgraded to premium on Oct-25) got approved on Oct-30, 2006
My I-485 was also filed concurrently. I already got finger printed 09/06/06 and there were LUDs on I-485s after that on O9/07/06 and 09/14/06.
After my I-140 approval on Oct-30, My and my families I-485s has LUDs on 10/31/06 and 11/1/06.
Based on your experience, does the recent LUDs on my I-485s suggest some type of approval process?
Can you share your expereiences and knowledge and tell me what these recent LUDs on my I-485s means?
thanks
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Jyotsna
08-17 07:46 PM
"Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
Hi joydipatic,
I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.
Hi joydipatic,
I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.
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go_guy123
06-18 10:35 PM
if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Print
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain — or what you might call negative feelings — connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
Bound to happen. Houses have been overpriced and House ownership has been way more expensive than renting in recent years. So if one buys a house there would be very little discretionary income to have a good life.
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain — or what you might call negative feelings — connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
Bound to happen. Houses have been overpriced and House ownership has been way more expensive than renting in recent years. So if one buys a house there would be very little discretionary income to have a good life.
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looneytunezez
04-23 04:44 PM
You have 10 days times after moving into new apartment. See the first line in below application
http://www.uscis.gov/files/form/ar-11.pdf
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
http://www.uscis.gov/files/form/ar-11.pdf
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
more...
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saint_2010
08-13 11:26 AM
looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!
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mirage
03-14 09:54 AM
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
more...
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bombaysardar
07-23 03:35 PM
J. BARRRET - Jul 2nd at 10:25 AM
same person, same time :)
same person, same time :)
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pinky001
09-18 03:51 AM
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
more...
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gchope2k6
04-27 01:54 PM
Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).
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reachinus
10-02 12:33 PM
If she enters in H4 her H1 is gone. So be sure if she wants to enter in H4.
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dagrawal
02-11 08:26 PM
I had mixed experience with Chugh firm. Some of their senior staff are knowledgeable, however others doing regular paper work are new and inexperienced. I had to review the H1B petition they prepared, and found more than 10 corrections. Though they had processed my original H1B, during extension filing they miss typed several small things like SSN, Company name (in spite of having all the information on records from original information).
Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.
Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.
DSLStart
10-01 11:34 AM
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
stirfries
03-21 06:16 PM
Hi Stirfries
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
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