redddiv
07-17 06:54 AM
My Lawyer didn't file my I-485 until July 7, 2007. He never replied to my e-mails or my phone calls.
My whole experience with them appeared to be as if I know more than them. It appeared as if I had to educate them about the development.
Considered changing lawyers and also considered filing on my own. But finally thought to ahve atleast soem attorney whom i know(at least i know what can expect?).
My whole experience with them appeared to be as if I know more than them. It appeared as if I had to educate them about the development.
Considered changing lawyers and also considered filing on my own. But finally thought to ahve atleast soem attorney whom i know(at least i know what can expect?).
wallpaper Awards
gk_2000
03-26 11:57 PM
You make no sense man. I am not against EB3. I just said what I think, and I can be wrong too. If you dont like this just ignore or give your view on how it justified to change the line in the middle of the game.
MC
You are right in acknowledging that you may be wrong. Where you may be wrong? Maybe your "opinion" that EB2 should be given GC first before a single EB3 is entertained. Maybe the first-come-first-served argument is the valid one after all.
How does "my" argument make sense? I say, ok, give priority to EB2, but only within the same year. So, last years' EB3 has to be allocated first, before this year's EB2/EB3 are considered. And for this year, dont process EB3's unless EB2's for this year are done
But, do you realize, all our opinions are moot? Come back to reality, and we immigrant community as a whole, get to ask only ONE wish. Using your wisdom, what should that one wish be? Ikken Hissatsu. Kill with one blow.
MC
You are right in acknowledging that you may be wrong. Where you may be wrong? Maybe your "opinion" that EB2 should be given GC first before a single EB3 is entertained. Maybe the first-come-first-served argument is the valid one after all.
How does "my" argument make sense? I say, ok, give priority to EB2, but only within the same year. So, last years' EB3 has to be allocated first, before this year's EB2/EB3 are considered. And for this year, dont process EB3's unless EB2's for this year are done
But, do you realize, all our opinions are moot? Come back to reality, and we immigrant community as a whole, get to ask only ONE wish. Using your wisdom, what should that one wish be? Ikken Hissatsu. Kill with one blow.
dixie
12-04 05:14 PM
Allows dual intent AND allows spouse (L4) to work.No cap limits to top it off.
2011 without love - animated
hopefulgc
03-14 04:10 PM
Know of a few cases from immigration.com where a bunch of envelope PERM filed were pulled in for audit when they saw that a similar case had been filed for lower category in the past. The cases subject to audit were asked to follow through and actually interview the applicants. Losing the job is a real possibility. Think u might still be able to find a few of these if you searchthere.
That said everything is risky in life.. u don't succeed unless u take risks.
Question : Why is PERM risky ? I thought that is the only way to get LC now.
I am thinking of porting to EB2 (10 years + MBA) in US.
That said everything is risky in life.. u don't succeed unless u take risks.
Question : Why is PERM risky ? I thought that is the only way to get LC now.
I am thinking of porting to EB2 (10 years + MBA) in US.
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copsmart
01-23 01:08 PM
To be brief:
Any location restrictions when using AC21?
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
Any location restrictions when using AC21?
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
newuser
06-27 09:23 AM
Got my approval but my spouse hasn't yet received one.
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
Call the 1-800 number in the approval notice and select the options 1->7->4->3 and they will be able to help check the status of the application. You need the receipt no when you call them
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
Call the 1-800 number in the approval notice and select the options 1->7->4->3 and they will be able to help check the status of the application. You need the receipt no when you call them
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factoryman
02-09 07:04 PM
et tu.
So many posts, so many links have been done on this. One of the main reasons, eb3 is so backlogged is this legal and greedy snatching of unused HB3 visas from 200 to 2005.
I see point and counter-point, but no action yet.
Where did the 50K visas come from? Where will the 90K visas come from?
Are they from the total pool of 144K/year or is this an additional amount (144K + 90K) allocated for health care?
Who is included in health care? Thanks.
So many posts, so many links have been done on this. One of the main reasons, eb3 is so backlogged is this legal and greedy snatching of unused HB3 visas from 200 to 2005.
I see point and counter-point, but no action yet.
Where did the 50K visas come from? Where will the 90K visas come from?
Are they from the total pool of 144K/year or is this an additional amount (144K + 90K) allocated for health care?
Who is included in health care? Thanks.
2010 animated love backgrounds
newxyz100
07-20 12:57 PM
Hi,
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.
more...
uma001
08-09 10:41 AM
Hi all,
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA .
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
Bharat,
Did you read post#43 ont his thread. Doors are closed for canadian PR for those are in NON Managerial IT positions. Try Australian PR. here is the helpful link
MODL - Migration occupations in Demand for Australia (MODL) (http://www.australia-migration.com/page/MODL/58)
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA .
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
Bharat,
Did you read post#43 ont his thread. Doors are closed for canadian PR for those are in NON Managerial IT positions. Try Australian PR. here is the helpful link
MODL - Migration occupations in Demand for Australia (MODL) (http://www.australia-migration.com/page/MODL/58)
hair Animated Love
gceverywhere
09-12 10:47 AM
Not from last nights interview, but in primaries season during Politico's live interview on CNN Obama said this about legal immigration:
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
I know that's what he said but if you read that statement again, nowhere he talks about Highly skilled legal immigration. I think he is talking about the family based immigration, which again caters mostly to the Vote bank. From everything I have read, Obama seems to be anti-outsourcing and neutral (or maybe negative) towards highly skilled legal immigration
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
I know that's what he said but if you read that statement again, nowhere he talks about Highly skilled legal immigration. I think he is talking about the family based immigration, which again caters mostly to the Vote bank. From everything I have read, Obama seems to be anti-outsourcing and neutral (or maybe negative) towards highly skilled legal immigration
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senthil1
06-10 11:03 AM
I did not know your case particularly but many people like you I know got their I140 cleared and filing I485 now after PD is moved. Still skill bill also does not have anything for persons like you that is you have to wait for your labor cleared. Any bill gives solutions for the persons like you or any lobbying going on? As for as I know no lobbying for these cases like these. Only thing we can do is request BEC to process fast by allocating more funds
First of all, it is not "my" case. I have been waiting in line for my green card for the past 5 years with my labor stuck in BEC. So, under the current CIR draft, I will be one of the biggest losers as I have not filed for my I-140 and so, my whole application will go down the drain after 5 years of time, money, energy and emotional stress.
How do you come with a math where I will be able to get a GC immediately after 5 years if I apply under the points system? Did you even read the draft bill? How will I or anybody else for that matter, manage for next 5 years without a GC when they are squeezing out the H1B (fee increase, removal of dual intent etc)?? Next would be the per country hard quota that will put us in an eternally long line.
I would definitely compare the current mess of a EB based system with the untested point system and take the current system any time as it is a known devil. The merit system is no angel either. Atleast in the current system, if I wait long enough, I know that my turn will come.
How do you know that process delay would be minimal? USCIS's current delay is not because of process, it is because of the sheer volume of applications and lack of man power. The PERM system takes one month. If you pay premium processing, it takes them 15 days to clear your I-140. So, where is the delay in process? All the delay is from the past backlogs which this bill fails to address and at the I-485 stage where they have to do background checks. That will exist in the points system as well. After you discover the problems in the point system, what will you do then? Ask for another CIR bill??
You don't have to tell what "my" case is. I live my case...
First of all, it is not "my" case. I have been waiting in line for my green card for the past 5 years with my labor stuck in BEC. So, under the current CIR draft, I will be one of the biggest losers as I have not filed for my I-140 and so, my whole application will go down the drain after 5 years of time, money, energy and emotional stress.
How do you come with a math where I will be able to get a GC immediately after 5 years if I apply under the points system? Did you even read the draft bill? How will I or anybody else for that matter, manage for next 5 years without a GC when they are squeezing out the H1B (fee increase, removal of dual intent etc)?? Next would be the per country hard quota that will put us in an eternally long line.
I would definitely compare the current mess of a EB based system with the untested point system and take the current system any time as it is a known devil. The merit system is no angel either. Atleast in the current system, if I wait long enough, I know that my turn will come.
How do you know that process delay would be minimal? USCIS's current delay is not because of process, it is because of the sheer volume of applications and lack of man power. The PERM system takes one month. If you pay premium processing, it takes them 15 days to clear your I-140. So, where is the delay in process? All the delay is from the past backlogs which this bill fails to address and at the I-485 stage where they have to do background checks. That will exist in the points system as well. After you discover the problems in the point system, what will you do then? Ask for another CIR bill??
You don't have to tell what "my" case is. I live my case...
hot love images animated.
gsmishra
07-24 11:00 AM
Its always better to use overnight Fedex.
I have had bad experiences with UPS in the past.
I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing)....so guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....
I have had bad experiences with UPS in the past.
I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing)....so guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....
more...
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sam_i02
07-17 08:36 PM
i think this is the same guy who created a huge fuss on july 2nd when we found out that all 485s will be rejected and said that we all deserve it since we did not "remember" people in pbec.
do u want to go thru somthing like that again....by unbanning him?
bestia do not feel sorry for ppl like these...because they kick you when u r happy
hahaha. i also remember one guy telling everyone on this bbs to not file till July 29, so the PDs remain current for August. some one later found out by reading his old posts that he had already filed his 485 :eek:
do u want to go thru somthing like that again....by unbanning him?
bestia do not feel sorry for ppl like these...because they kick you when u r happy
hahaha. i also remember one guy telling everyone on this bbs to not file till July 29, so the PDs remain current for August. some one later found out by reading his old posts that he had already filed his 485 :eek:
tattoo Animated Showing Lovequot;
srinithati
09-20 09:39 PM
Our Flower protest got more attention and coverage..
We should send flowers to
1) President Bush Office
2) Hillary Clinton Office.
3) Nancy Pelosi Office
and few others totaling Top 6 media strong & political Big at Washington
Send flowers for 100 days campaign...10 flower bunches a day to each
60 Flower bunch a day - 6K in total for 100 days.
Considering each one costs with shipping 25 bucks....
We should send flowers to
1) President Bush Office
2) Hillary Clinton Office.
3) Nancy Pelosi Office
and few others totaling Top 6 media strong & political Big at Washington
Send flowers for 100 days campaign...10 flower bunches a day to each
60 Flower bunch a day - 6K in total for 100 days.
Considering each one costs with shipping 25 bucks....
more...
pictures Flashy Love Animated Image
permfiling
01-08 11:17 PM
Hi folks,
I used to work in company A where my I-140 got approved but I was laid off. Now I am with company B in a higher position and pay but B has delayed filing my PERM. As the economy is bad so I am looking to go back to A and file 485 when PD is current. I need to give a copy of H1 for transfer from B to A. Will i be needing the original H1 copy from B at any time as B gave me a copy not the original (weird).
Thanks
EB2 : 10/05
I used to work in company A where my I-140 got approved but I was laid off. Now I am with company B in a higher position and pay but B has delayed filing my PERM. As the economy is bad so I am looking to go back to A and file 485 when PD is current. I need to give a copy of H1 for transfer from B to A. Will i be needing the original H1 copy from B at any time as B gave me a copy not the original (weird).
Thanks
EB2 : 10/05
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cnag
07-10 11:16 AM
Is a 3 year Bachelor degree + 2-year Master degree (STEM - Foreign University) + 5 year US IT experience qualify under SKIL bill. Can anyone please clarify ?
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makeup free love animated ecards
bluekayal
03-17 10:54 AM
SEC. 405. STUDENT VISAS.
(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--
`(I)';
(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';
(C) by striking the comma at the end and inserting the following: `; or
`(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';
(2) in clause (ii)--
(A) by inserting `or (iv)' after `clause (i)'; and
(B) by striking `, and' and inserting a semicolon;
(3) in clause (iii), by adding `and' at the end; and
(4) by adding at the end the following:
`(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.
(b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.
(c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
`(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and
(2) by adding at the end the following:
`(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--
`(A) during the intended period of study in a graduate program described in such section;
`(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and
`(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.
(d) Off Campus Work Authorization for Foreign Students-
(1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--
(A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;
(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--
(i) has spent at least 21 days recruiting United States citizens to fill the position; and
(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--
(I) the actual wage level for the occupation at the place of employment; or
(II) the prevailing wage level for the occupation in the area of employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between academic terms.
(2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).
(e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:
`(a) Authorization-
`(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa;
`(C) the alien is admissible to the United States for permanent residence; and
`(D) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
(f) Use of Fees-
(1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
(2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.
1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--
`(I)';
(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';
(C) by striking the comma at the end and inserting the following: `; or
`(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';
(2) in clause (ii)--
(A) by inserting `or (iv)' after `clause (i)'; and
(B) by striking `, and' and inserting a semicolon;
(3) in clause (iii), by adding `and' at the end; and
(4) by adding at the end the following:
`(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.
(b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.
(c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
`(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and
(2) by adding at the end the following:
`(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--
`(A) during the intended period of study in a graduate program described in such section;
`(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and
`(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.
(d) Off Campus Work Authorization for Foreign Students-
(1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--
(A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;
(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--
(i) has spent at least 21 days recruiting United States citizens to fill the position; and
(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--
(I) the actual wage level for the occupation at the place of employment; or
(II) the prevailing wage level for the occupation in the area of employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between academic terms.
(2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).
(e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:
`(a) Authorization-
`(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa;
`(C) the alien is admissible to the United States for permanent residence; and
`(D) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
(f) Use of Fees-
(1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
(2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.
1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.
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gcseeker2002
07-10 10:28 AM
My advanced parole is good till October 2, 2009. I have been in and out US 2 times, spent 2 months abroad doing finals in college. Am going to intern abroad, until October 28th.
Q1: What is the best date to reenter the US and renew advanced parole? Do I need to be in the US to renew AP?
Q2: How long do I need to stay in US after sending in my renewal? Do I need to wait the 3 months to get the new parole?
Thank you
AP renewal took only 2 weeks, and actually the approval date is only one week from date of receipt notice, i actually lost about a month from my previous approval. This is at NSC
Q1: What is the best date to reenter the US and renew advanced parole? Do I need to be in the US to renew AP?
Q2: How long do I need to stay in US after sending in my renewal? Do I need to wait the 3 months to get the new parole?
Thank you
AP renewal took only 2 weeks, and actually the approval date is only one week from date of receipt notice, i actually lost about a month from my previous approval. This is at NSC
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vallabhu
05-27 10:13 AM
Just contributed 100
Transaction ID: 9MY95677S6660772S
sorry Guys cannot make it to DC
good luck to all of us.
Transaction ID: 9MY95677S6660772S
sorry Guys cannot make it to DC
good luck to all of us.
injrav
05-17 08:11 PM
sent emails as per forum guidelines
I like the Email interface and thanks to all who created this one
I like the Email interface and thanks to all who created this one
pappu
05-21 12:05 PM
Hi Pappu
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
That is correct. The responses at most times will be generic on the subject of Immigration. Sending them hundreds and thousands of emails will work as per our advocacy strategy.
You may want to do a couple of things.
1. Call up the lawmaker office now and thank them for responding to the email.
Tell them your concerns. Follow the talking points from http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a.html
2. Come to DC to take part in the advocacy day event. This is your opportunity to take your emails a step further and now talk to the staffers. Emails are good to create an awareness. Now it is time to step it up further and make an impact that will be thousand time greater via face to face meetings in DC with the lawmaker office. Meeting in DC has more impact than say meeting in your state local office of the lawmaker.
Nevertheless keep sending emails daily so that it helps generate awareness in every lawmaker office and help us in the next steps of advocacy.
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
That is correct. The responses at most times will be generic on the subject of Immigration. Sending them hundreds and thousands of emails will work as per our advocacy strategy.
You may want to do a couple of things.
1. Call up the lawmaker office now and thank them for responding to the email.
Tell them your concerns. Follow the talking points from http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a.html
2. Come to DC to take part in the advocacy day event. This is your opportunity to take your emails a step further and now talk to the staffers. Emails are good to create an awareness. Now it is time to step it up further and make an impact that will be thousand time greater via face to face meetings in DC with the lawmaker office. Meeting in DC has more impact than say meeting in your state local office of the lawmaker.
Nevertheless keep sending emails daily so that it helps generate awareness in every lawmaker office and help us in the next steps of advocacy.
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