drirshad
06-07 09:39 PM
06/07/2008: Congressional Legislative Strategy Shifts from H-1B to EB Green Card Options for Recruiting and Retaining Required Highly Skilled Foreign Workers from oh-law
* Report indicates that the H-1B visa cap adjustment efforts have been stymied by the legislative deadlock over broader immigration reform despite some bi-partisan efforts, and supporters of highly skilled foreign workers are focusing on exempting these foreign workers from the national annual limit for the employment-based immigration (140,000), particularly for the U.S. advanced degree holders, where these supporters can make the strongest case for keeping these workers in the U.S. with lesser challenges from opponents than the option to increase the number of national annual limit from 140,000 to either 290,000 or even 400,000. This strategy is evidenced by the efforts of Rep. Zoe Lofgren, Chairwoman of House Judiciary Immigration Subcommittee and Sen. Barbara Boxer in the Senate. As we reported it, these legislators have introduced several bills both in the House and the Senate to achieve the strategic target for enacting employment-based immigration relief for the business community. This trend is however not limited to these two bills. We have a bill introduced by Sen. Cornyn, another bill introduced by Sen. Norm Colman of Minnesota, a bill introduced by Rep. Kennedy, a bill introduced by Sen. Gregg to convert current Diversity Visa Program to the employment-based immigration program, etc.
* Out of the foregoing bills, Rep. Lofgren and Sen. Boxer bills are expected to face less challenge from the Hispanic Caucus in the Congress in that these bills do not propose adjustment of the employment-based immigration quota and will bring about a limited impact on overall employment-based immigration reform goals to solve the overall currently broken employment-based immigration system, and these EB supporters should eventually join the comprehensive immigration reform supporters in the future to achieve the needed overall reform in the employment-based immigration system within the context of the comprehensive reform. Surely enough, current EB bills represent piecemeal immigration legislations with lesser impact on the overall strategy of the comprehensive immigration reform strategists. Reportedly, to seize a momentum to obtain supports from the national election candidates for the next year's comprehensive immigration reform, the Hispanic strategists and comprehensive immigration reform supporters are scheduled to mobilize massive rallies during the Labor Day holiday in September throughout the country and the country will be swirled into the debates of comprehensive immigration reform legislation rather than piecemeal legislation. Accordingly, unless the supporters of the pending employment-based immigration bills work hard and successfully pursuade rather than pressure the Hispanic legislators very quickly, the odds are not too promising.
* Report indicates that the H-1B visa cap adjustment efforts have been stymied by the legislative deadlock over broader immigration reform despite some bi-partisan efforts, and supporters of highly skilled foreign workers are focusing on exempting these foreign workers from the national annual limit for the employment-based immigration (140,000), particularly for the U.S. advanced degree holders, where these supporters can make the strongest case for keeping these workers in the U.S. with lesser challenges from opponents than the option to increase the number of national annual limit from 140,000 to either 290,000 or even 400,000. This strategy is evidenced by the efforts of Rep. Zoe Lofgren, Chairwoman of House Judiciary Immigration Subcommittee and Sen. Barbara Boxer in the Senate. As we reported it, these legislators have introduced several bills both in the House and the Senate to achieve the strategic target for enacting employment-based immigration relief for the business community. This trend is however not limited to these two bills. We have a bill introduced by Sen. Cornyn, another bill introduced by Sen. Norm Colman of Minnesota, a bill introduced by Rep. Kennedy, a bill introduced by Sen. Gregg to convert current Diversity Visa Program to the employment-based immigration program, etc.
* Out of the foregoing bills, Rep. Lofgren and Sen. Boxer bills are expected to face less challenge from the Hispanic Caucus in the Congress in that these bills do not propose adjustment of the employment-based immigration quota and will bring about a limited impact on overall employment-based immigration reform goals to solve the overall currently broken employment-based immigration system, and these EB supporters should eventually join the comprehensive immigration reform supporters in the future to achieve the needed overall reform in the employment-based immigration system within the context of the comprehensive reform. Surely enough, current EB bills represent piecemeal immigration legislations with lesser impact on the overall strategy of the comprehensive immigration reform strategists. Reportedly, to seize a momentum to obtain supports from the national election candidates for the next year's comprehensive immigration reform, the Hispanic strategists and comprehensive immigration reform supporters are scheduled to mobilize massive rallies during the Labor Day holiday in September throughout the country and the country will be swirled into the debates of comprehensive immigration reform legislation rather than piecemeal legislation. Accordingly, unless the supporters of the pending employment-based immigration bills work hard and successfully pursuade rather than pressure the Hispanic legislators very quickly, the odds are not too promising.
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gcisadawg
03-11 01:30 PM
How does insulting your own culture help us here ? "Crab mentality" as it is popularly known, exists in numerous cultures across the world. Go google for the term and you will know.
Forget about Cultures, it exists even within families across numerous cultures. Many times we have seen cases where one family member is jealous of the success of others and trying to put him/her down.
Forget about Cultures, it exists even within families across numerous cultures. Many times we have seen cases where one family member is jealous of the success of others and trying to put him/her down.
vikki76
10-28 06:15 PM
wow!!!..just amazing. But irony is that while your case was pending, nobody informed you that why case was sitting on the shelf.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
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mgmanoj
11-01 02:03 PM
I have done appeal for my I-140 denied in AAO = Anybody has expereience how long does it take ? I have appealed in DEc'2006. Anybody has won the appeal ? Please share your experience.
Thanks
Manoj
Thanks
Manoj
more...
sunty
11-06 01:56 PM
Actually, not all he said was wrong.
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them.
This is also due to the fact that because even they have no work for all the H1B employees, they file for H1Bs in bulk, for they know that they don't have to pay people on bench, even though by law they are supposed to...
But most importantly we are concerned with visa recapture and GC reform in the long run..If H1B reform is the step towards that goal then that would be good..
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them.
This is also due to the fact that because even they have no work for all the H1B employees, they file for H1Bs in bulk, for they know that they don't have to pay people on bench, even though by law they are supposed to...
But most importantly we are concerned with visa recapture and GC reform in the long run..If H1B reform is the step towards that goal then that would be good..
ek_bechara
06-06 04:10 PM
Last night I called 10 friends and asked them to call. Few are on H4 and were totally up for it. Spread the message folks and call. This is our one chance to make things happen before November. We are almost there.
I just contributed 100 USD. Contribute and call.
WE CAN DO IT.
I just contributed 100 USD. Contribute and call.
WE CAN DO IT.
more...
diqingshen
07-11 11:42 AM
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
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khadash
08-19 01:01 PM
Poll Done
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
more...
VMH_GC
07-17 12:16 PM
I don't care when i would get the Green card. what i want is interim relief (AP and EAD). Something is better than Nothing.
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vine93
01-05 11:19 AM
Posted my Story too including Buying home and visa recapture.
more...
gg_ny
11-12 05:45 PM
Don't bet on this too much. Not being pessimistic, but in a democracy it is not just what is done but who does it and how it is done. Why should Republicans in the outgoing Congress vote again on a bill when their majority status is obsolete now? Do you think democrats will allow this outgoing congress to take the credit? they are politicians too, anything crappy in that bill is going to be the new Congress's (read Democrat's) burden. Already, a bombshell is waiting in the form of a hastily passed by the house_hastily signed by teh President bill: there is a fine print that removes oversight of how money is spent in Iraq (at least some of it). So, there may even be review of hastily passed, pre-election bills. anything more like this is going to give this congress very very bad name and the next congress a really bad headache.
CIR is a heavyweight bill. Heavyweight bills passed hastily leads to heavy indigestion. Look at the parliamentary history in US and India. We need lite weight riders and hitchhikers. Pushing on CIR is betting on a horse that is soon to be retired, with masked broken limbs..
Next move for EB should be THE decisive, concise, striking at the heart and quick. CIR is not the best bet for that.
Somthing early spring would be the ideal thing to expect before the political capital is lost by the new congress.
Was just watching Late Edition on CNN..with Arlen Specter and Chuck Schumer.. Specter did mention that he expects the CIR to be passed in the next few weeks in the lame duck session by the house.. infact he mentioned that the conservative outgoing speaker Hastert in favour of this at this time..so house might pass this now..with the senate already passed this..
Lets see who this goes ..
CIR is a heavyweight bill. Heavyweight bills passed hastily leads to heavy indigestion. Look at the parliamentary history in US and India. We need lite weight riders and hitchhikers. Pushing on CIR is betting on a horse that is soon to be retired, with masked broken limbs..
Next move for EB should be THE decisive, concise, striking at the heart and quick. CIR is not the best bet for that.
Somthing early spring would be the ideal thing to expect before the political capital is lost by the new congress.
Was just watching Late Edition on CNN..with Arlen Specter and Chuck Schumer.. Specter did mention that he expects the CIR to be passed in the next few weeks in the lame duck session by the house.. infact he mentioned that the conservative outgoing speaker Hastert in favour of this at this time..so house might pass this now..with the senate already passed this..
Lets see who this goes ..
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rajuram
02-14 12:08 AM
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
more...
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prinive
03-13 10:37 AM
Thanks ... Yes I guess so...
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Good luck - Guess u r through
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ilikekilo
04-09 01:33 PM
How do I find out if there has been a Soft LUD? I have an online account on uscis.gov and the "Last Updated" fields are all in 2007 (when I filed my AOS).
that answers ur question..if that the last date u see thats the last LUD
that answers ur question..if that the last date u see thats the last LUD
more...
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ElectricGrandpa
06-21 07:11 AM
cool :)
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smisachu
12-23 03:32 PM
Your attorneys are right. There is not much advantage. Only gray area is the duration between the expiry of your I94 based on AP and the actual renewal of your H1. But many people have been through this and they renew with out any problem.
Another issue is the requirement of some eurpean countries for a Transit visa if you dont have the visa stamped. If you plant to travel frequently, this adds up to quite some money and hassel. I had to get VAT for France and cost me $180 for myself and wife. But apart from this one issue, using AP is clearly easy and a good alternative as you can also maintain H1. I am giving it a strong consideration and will decide if I should cancel my Visa appointment. Will see more feedback and decide.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
Another issue is the requirement of some eurpean countries for a Transit visa if you dont have the visa stamped. If you plant to travel frequently, this adds up to quite some money and hassel. I had to get VAT for France and cost me $180 for myself and wife. But apart from this one issue, using AP is clearly easy and a good alternative as you can also maintain H1. I am giving it a strong consideration and will decide if I should cancel my Visa appointment. Will see more feedback and decide.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
more...
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crzyBanker
03-26 07:56 PM
Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007
I too had a soft LUD on Mar 17 and didnt apply for EAD/AP. Recieve date is Aug 7, 2007. Looks like they are going through all the files. in the order they recieved.
I too had a soft LUD on Mar 17 and didnt apply for EAD/AP. Recieve date is Aug 7, 2007. Looks like they are going through all the files. in the order they recieved.
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JazzByTheBay
12-13 08:57 PM
And I don't blame you for thinking that way. Thanks for sharing your thoughts and stating your new (modified) stand on this issue. :)
cheers!
jazz
I saw the poll in the morning and voted FOR making this a paid site, but going through the discussions and a little bit of soul searching (slow day at work :p) i am a bit wary about making it a paid site now.
As much as i would like to see the riff-raff (pardon the expression) go away, maybe we should be more inclusive then exclusive (?). Not everyone is an early adoptor, it took me a while to contribute as well, but i did eventually turn around and contributed the lil bit i could.
Thats just my take, and excuse the rather altruistic title of my post.
cheers!
jazz
I saw the poll in the morning and voted FOR making this a paid site, but going through the discussions and a little bit of soul searching (slow day at work :p) i am a bit wary about making it a paid site now.
As much as i would like to see the riff-raff (pardon the expression) go away, maybe we should be more inclusive then exclusive (?). Not everyone is an early adoptor, it took me a while to contribute as well, but i did eventually turn around and contributed the lil bit i could.
Thats just my take, and excuse the rather altruistic title of my post.
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whatamidoinghere
02-11 04:23 AM
Looking at the table in immigration-law.com, it appears that 33% have been certified and 33% have been closed/denied of the present 67% that have been processed. Those are absolute numbers (it is not 33% of 67% closed, it is 33% of the total 330K). Hence of the 220K cases processed, 110K have been certified and 110K closed/denied.
If the same trend holds, it will be 165K certified (out of a total of 330K). Add the 1.1 multiplying factor and we are looking at 346K total GCs. This is 2.5 years total. But USCIS seems to be sending off excess EB 1-2 visas to EB3 ROW so retrogression will continue for EB2 India and China.
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
If the same trend holds, it will be 165K certified (out of a total of 330K). Add the 1.1 multiplying factor and we are looking at 346K total GCs. This is 2.5 years total. But USCIS seems to be sending off excess EB 1-2 visas to EB3 ROW so retrogression will continue for EB2 India and China.
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
akred
07-14 07:31 PM
Guests and members,
Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
Humhongekamyab
07-03 10:36 AM
THOSE ARE GOLDEN WORDS.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
This is a widespread problem.
I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
This is a widespread problem.
I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.
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