piyushpan
03-22 11:42 PM
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
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jsb
07-25 08:44 AM
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
Yes, that is correct. In fact spouse, child or anyone else, who you are claiming as dependent needs an ITIN, it does not matter where they live, or if they ever visited US, or have any visa to visit US.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
Yes, that is correct. In fact spouse, child or anyone else, who you are claiming as dependent needs an ITIN, it does not matter where they live, or if they ever visited US, or have any visa to visit US.
billu
08-05 02:08 PM
I m a new applicant for EB 3 gc born in india.....just starting my process......with my PD being sometime in later half of 2009,do u think canada is a better option?......EB 3 india right now looks like a good 10-12 years wait time!!.......pls advice about canada immigration and is it a viable option?
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trueguy
07-18 04:26 PM
Any expert advice on it?
Hi,
Can I apply for ITIN for my wife when she is not physically in USA and she never been here?
Thanks for your replies.
Rgds.
Hi,
Can I apply for ITIN for my wife when she is not physically in USA and she never been here?
Thanks for your replies.
Rgds.
more...
bluekayal
03-17 10:49 AM
SEC. 401. ELIMINATION OF EXISTING BACKLOGS.
(a) Family-Sponsored Immigrants- Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:
`(c) Worldwide Level of Family-Sponsored Immigrants- The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of--
`(1) 480,000;
`(2) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year;
`(3) the difference between--
`(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 minus the number of visas issued under this subsection during those fiscal years; and
`(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.'.
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A) 290,000;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.
`(2) VISAS FOR SPOUSES AND CHILDREN- 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).'.
SEC. 402. COUNTRY LIMITS.
Section 202(a) (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking `, (4), and (5)' and inserting `and (4)'; and
(B) by striking `7 percent (in the case of a single foreign state) or 2 percent' and inserting `10 percent (in the case of a single foreign state) or 5 percent'; and
(2) by striking paragraph (5).
******
(a) Family-Sponsored Immigrants- Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:
`(c) Worldwide Level of Family-Sponsored Immigrants- The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of--
`(1) 480,000;
`(2) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year;
`(3) the difference between--
`(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 minus the number of visas issued under this subsection during those fiscal years; and
`(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.'.
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A) 290,000;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.
`(2) VISAS FOR SPOUSES AND CHILDREN- 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).'.
SEC. 402. COUNTRY LIMITS.
Section 202(a) (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking `, (4), and (5)' and inserting `and (4)'; and
(B) by striking `7 percent (in the case of a single foreign state) or 2 percent' and inserting `10 percent (in the case of a single foreign state) or 5 percent'; and
(2) by striking paragraph (5).
******
dallasdude
03-05 01:10 PM
Nice job fellas. God bless all of you for getting involved in this. You can expect a contribution from me as well.
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wizpal
07-02 09:34 AM
Rep. Smith hasn't made a stand on these bills yet and his support is instrumental. If you already called him..make follow up calls. More calls is always better.
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gaggu
10-02 07:29 PM
I filed my 485 in July 11th and have received the 485 receipts. There is a possibility that I might get laid off before Jan 11 (180 days). My H1 B expires Nov 2008.
Questions
1. Can I stay legally in US if I get laid off in Oct 07 ?
2. How can I proceed with my Green Card process ?
I think this might be a repeat question, but would still like to get your thoughts.
Gagan
Questions
1. Can I stay legally in US if I get laid off in Oct 07 ?
2. How can I proceed with my Green Card process ?
I think this might be a repeat question, but would still like to get your thoughts.
Gagan
more...
priderock
05-31 01:23 PM
No. What I am saying is that this is a good amendment that can help us. But if its introduced and voted upon, it will fail to pass in the Senate because this amendment has a H1B exemption and H1B quota increases are very very unpopular and controvertial since last few years.
Therefore the achilles heel (Weak portion that will cause failure) of this good amendment is the H1B quota trick attached at the end. The amendment may pass the senate with a majority vote if it doesnt have H1B quota exemptions in it.
logiclife , you may know more, being close to or part of the core group, about how these processes are going. But from my observation , I think these bills get passed or failed based on lobbying (apart from legislators political considerations) , even though those provisions may not be fair to all. consider why a sweeping change like amnesty(what ever you name it) to illegals is being voted in, while legals are made to stand in line forever.
I think it will have better chances if H1 provisions are included because of a broader industry lobbyists that support H1 program. They do not support GC backlog elimination as much as they love getting more H1s.
Who do you think will push for a bill that has only all good things for EB GC applications ? I am not questioning your reasoning, I just want to know :)
As some one put it, " But for the bad luck, we would not have a luck". This immigration issue is being discussed because of undocumented workers and their group's push.
Therefore the achilles heel (Weak portion that will cause failure) of this good amendment is the H1B quota trick attached at the end. The amendment may pass the senate with a majority vote if it doesnt have H1B quota exemptions in it.
logiclife , you may know more, being close to or part of the core group, about how these processes are going. But from my observation , I think these bills get passed or failed based on lobbying (apart from legislators political considerations) , even though those provisions may not be fair to all. consider why a sweeping change like amnesty(what ever you name it) to illegals is being voted in, while legals are made to stand in line forever.
I think it will have better chances if H1 provisions are included because of a broader industry lobbyists that support H1 program. They do not support GC backlog elimination as much as they love getting more H1s.
Who do you think will push for a bill that has only all good things for EB GC applications ? I am not questioning your reasoning, I just want to know :)
As some one put it, " But for the bad luck, we would not have a luck". This immigration issue is being discussed because of undocumented workers and their group's push.
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mpsamant
07-19 10:53 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
more...
redddiv
07-17 09:03 AM
It looks like some lawyers maybe posting messages about their law firm here and advertising here, or asking their clients to advertise about them on the forum and get discount. So I guess we should only trust senior member postings and trust the postings where people talk about bad lawyers
I second this opinion
I second this opinion
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WAIT_FOR_EVER_GC
05-18 09:18 AM
To nj lawmakers
more...
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life99f
07-05 08:42 AM
There will be new VB in Oct and many people will get returned 485 at that time.
Dont dream that USCIS will take all July applications.
Dont dream that USCIS will take all July applications.
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gk_2000
03-28 03:27 PM
You should be EB10 and not EB2! Some folks in this forum are really crazy!
There is no relationship between approval/duration of EAD and movement of PDs.
By the way, since India won all the previous encounters with Pak in world cups, India will win on Wednesday!
Most EB2's who are talking on this forum are idiotic, egostic and too much of themselves to think straight. Case in point Smugbee, SNathan and TonyHK. Since they don't have ead they want ead and thats all they care about. As long as they get to file 485 and get ead they dont care.
When an eb3 complains about waiting for GC he/she is a whiner and has to recognize the superiority of an EB2 getting GC before EB3 even if teh EB2 is 1 year in thsi country and EB3 has been waiting for 12 years.
When an eb2 complains about not having ead his concerns are valid and nothing else is more important on IV thean that
Absolutely right! Now line up the reds.. Oh, maybe you finished your quotas today, so let's wait till tomorrow
There is no relationship between approval/duration of EAD and movement of PDs.
By the way, since India won all the previous encounters with Pak in world cups, India will win on Wednesday!
Most EB2's who are talking on this forum are idiotic, egostic and too much of themselves to think straight. Case in point Smugbee, SNathan and TonyHK. Since they don't have ead they want ead and thats all they care about. As long as they get to file 485 and get ead they dont care.
When an eb3 complains about waiting for GC he/she is a whiner and has to recognize the superiority of an EB2 getting GC before EB3 even if teh EB2 is 1 year in thsi country and EB3 has been waiting for 12 years.
When an eb2 complains about not having ead his concerns are valid and nothing else is more important on IV thean that
Absolutely right! Now line up the reds.. Oh, maybe you finished your quotas today, so let's wait till tomorrow
more...
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JazzByTheBay
09-20 07:34 PM
...not to show up... :)
A very innovative one, if I may add. :)
Somehow California residents seem to benefit more from a GC than those who reside elsewhere? Keep those coming... I love that attitude and am equally surprised and amused by it!
jazz
One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.
A very innovative one, if I may add. :)
Somehow California residents seem to benefit more from a GC than those who reside elsewhere? Keep those coming... I love that attitude and am equally surprised and amused by it!
jazz
One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.
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pbojja
02-09 10:21 PM
Is there anyway we can work on reporting fraud desi consulting companies to the USCIS so the fraud EB applications can be cleaned up from the system? That may help in clearing up the backlog. Believe it or not, many fraud desi firms have sponsored people in EB-2 successfully. I have worked with many such IT 'professionals' who can't speak a word of English and hardly have any idea what's going around them. I am serious here, this should be considered and evaluated. No offence meant to anyone but those who have had a wonderful educational background and don't work for desi 'firms' ought not to worry since this doesn't target them at all. I am just tired of fellow country men/women who have diminished our country's image, especially in the IT industry and am trying to think of solutions in addition to what we already have on IV's agenda.
So what do they really do at work ? do nothing and get the pay check ? no wonder banks need big loans from government
So what do they really do at work ? do nothing and get the pay check ? no wonder banks need big loans from government
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rksaigal
09-29 01:23 PM
In 2001 when I travelled to India, I paid 1200 to fly NWA. I paid 1000$ in 2008 on Asiana. Very good service. Although airline costs have increased, price of tickets havent increased proportionally.
Agree with the poster, treat airlines like a CAB. If you get good service, you are lucky.
Agree with the poster, treat airlines like a CAB. If you get good service, you are lucky.
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ArkBird
06-15 08:45 PM
Hi, I have a question about PERM labor process. How soon can an employer apply PERM labor certification after hiring an employee?
There is no statutory requirement on wait time. You may not even be an employee when your future employer files for your PERM as green card is for future job.
It's up to your company policies and your "persuasion skills!"
There is no statutory requirement on wait time. You may not even be an employee when your future employer files for your PERM as green card is for future job.
It's up to your company policies and your "persuasion skills!"
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thepaew
05-29 04:16 PM
I'll take that Air France ordeal anyday w/o compensation over an Air India first class ticket.
European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.
European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.
lonedesi
06-13 11:51 AM
A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
dagabaaj
02-13 03:37 PM
It takes a lot of balls to lead and very few have it. I joined IV with with very little expectation and have been primarily circumspect of what can be done. But have I lost hope no. Lets look at the +ve side of this debate. There is pent up frustration and general disdain for the system so far. So lets all collectively make an effort to address the situation. What will happen is anybody's guess!!!! We will eventually get what we deserve.
To the core team once again, please keep momentum. We will help in whatever capacity you need.
To the core team once again, please keep momentum. We will help in whatever capacity you need.
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