hydboy77
02-13 03:37 PM
Dear Administrator2\IV core,
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
Dear jchan,
We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.
.
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
Dear jchan,
We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.
.
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devang77
07-18 01:24 PM
[QUOTE=truthinspector;264968]Paskal,
On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT
QUOTE]
Chicks with tattoos..catfight!!!...doesnt sound too bad now does it...not to hijack the thread but the example had a lot of 'skin' in it for me to resist...
People that have been saying that IV supports this and not that please re-look at IVs agenda, nothing is hidden. The stated agenda is to try to make the employment based process better, the ENTIRE process. A piece meal approach does not work (proven in the past by legislation that tries to fix a portion of the system). The holistic approach may appear to be locally sub-optimal will be the best for the entire employment based community.
In the interest of full disclosure and at the risk of incurring more back lash I must state that I am in EB2-I category.
Cheers and hang in people...all of us are in this together..
On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT
QUOTE]
Chicks with tattoos..catfight!!!...doesnt sound too bad now does it...not to hijack the thread but the example had a lot of 'skin' in it for me to resist...
People that have been saying that IV supports this and not that please re-look at IVs agenda, nothing is hidden. The stated agenda is to try to make the employment based process better, the ENTIRE process. A piece meal approach does not work (proven in the past by legislation that tries to fix a portion of the system). The holistic approach may appear to be locally sub-optimal will be the best for the entire employment based community.
In the interest of full disclosure and at the risk of incurring more back lash I must state that I am in EB2-I category.
Cheers and hang in people...all of us are in this together..
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seahawks
09-08 11:28 AM
You still have time! Come on, change your mind and attend the rally! We'll help you with the funds!
So there is people to help with funds, there is people to help with accommodations, there is people who are organizing and planning the whole event, all we need to do is show up, make up your mind today, it makes more sense from planning to preparing and coordinating your trip if you say yes today.. ACT NOW, say Yes, one day of your life, probably two, work over a weekend, wake up an hour early and save 24 hours to make it up to the rally. Don't miss being part of an historical event!
So there is people to help with funds, there is people to help with accommodations, there is people who are organizing and planning the whole event, all we need to do is show up, make up your mind today, it makes more sense from planning to preparing and coordinating your trip if you say yes today.. ACT NOW, say Yes, one day of your life, probably two, work over a weekend, wake up an hour early and save 24 hours to make it up to the rally. Don't miss being part of an historical event!
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GCNaseeb
08-08 04:17 PM
I think many of us go through these kind of tragedy. One of my friends got laid off last month and his employer did not give him the letter to file I-485. Now he is back to the line where he was way back in 2000. He has to start his whole immigration process all over again. This guy lost job twice just before he could adjust his status. He is in USA from over 10 years now and he holds nothing but a PD of 2002. There is nothing in US Immigration Law to protect folks like him. What a shame to the US Immigration system.
This may happen to many of us, not only on the job front, anywhere down the line, untill we get our Green Card. For example, what if USCIS reject our application at the end moment, or else what if USCIS deny our I-485 for a reason beyond our control; there are tons of reasons, our life is shaky until we get our green cards.
Would that be nice if we ask something to protect us just like AC 21? For several folks, even to get to the stage of AC21 is a big milestone. Is it not the time to ask congress to protect all H1-B holders who play by rules and who are here over 10 years, with something similar to AC21? When they can consider giving green cards for those undocumented who are here since only 2005, what we legals ask for; besides just play by the rules and stand in the line and leave everything at the mercy of the adjudicator?
There should be some protection for those who come under these unforeseen clutches of law, besides fighting for mere retrogression.
Quote:
Originally Posted by eb3_nepa
We need a more definitive goal and list of requests/demands dont we? Just ending retrogression is too broad and vague.
Please help!!!!!!
I just filed i-485. My pD is Jan 2004
i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
I have another employer which I am working now with.
How likely is to get an approval (or an rfe for paystubs?) before 180 days.
I am eb3 row
Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending
This may happen to many of us, not only on the job front, anywhere down the line, untill we get our Green Card. For example, what if USCIS reject our application at the end moment, or else what if USCIS deny our I-485 for a reason beyond our control; there are tons of reasons, our life is shaky until we get our green cards.
Would that be nice if we ask something to protect us just like AC 21? For several folks, even to get to the stage of AC21 is a big milestone. Is it not the time to ask congress to protect all H1-B holders who play by rules and who are here over 10 years, with something similar to AC21? When they can consider giving green cards for those undocumented who are here since only 2005, what we legals ask for; besides just play by the rules and stand in the line and leave everything at the mercy of the adjudicator?
There should be some protection for those who come under these unforeseen clutches of law, besides fighting for mere retrogression.
Quote:
Originally Posted by eb3_nepa
We need a more definitive goal and list of requests/demands dont we? Just ending retrogression is too broad and vague.
Please help!!!!!!
I just filed i-485. My pD is Jan 2004
i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
I have another employer which I am working now with.
How likely is to get an approval (or an rfe for paystubs?) before 180 days.
I am eb3 row
Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending
more...
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larun
05-29 08:05 AM
Contribution: $50.00
Receipt ID: 1076-0304-7610-2177
Go IV!!
Receipt ID: 1076-0304-7610-2177
Go IV!!
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sc3
09-13 01:10 PM
Obama's lack of experience does not bother me as much as Palins because you have to see what people have done in whatever experience they have had. Obama did community service, has had a strong moral fiber in whatever he has said. Palin has already abused whatever little power she had. Being a senator Obama has atleast been exposed to world-wide issues. I bet Palin cant even locate Georgia on the map. Did you see her recent interview? In spite of it being carefully staged, see her stumble aimlessly when it comes to the question of the Bush Doctrine... The biggest foreign policy change this country made (decision to make pre-emptive attacks) and Palin does not have an opinion on it because she does not even know what it is. The interviewer had to tell her what teh Bush Doctrine is all about. Are'nt you scared of a person like that leading the US? Why does this country always pick screwed up vice presidents (Dick Cheney's approval ratings have been <30% for as long as I can recall)
Either way, from an immigration point of view (focus of this forum) we are screwed (see my previous post for stances of both presidential candidates)
If the media holds Obama to the same standard as they do the republicans, you will see the democrats crumbling faster than a cookie.
There is so much hypocrisy in the media. If women vote for Sarah Palin it is wrong because you voting her just because of his gender. But oh, if you are black and dont vote Obama, then you are the most odious person living in this world. How will you explain your kids that you did not support a black person for presidency? This kind of duplicity is keeping Obama look good in the eyes of people. Throw off your goggles and you will see the same issues with Obama that you see with Sarah.
Also, so many low intensity criminals are asked to do community service, that does not qualify them to become the president of US. And what happened to his moral fiber when he changed his opposition to the telco immunity bill and voted so that he does not look bad on security issues? Did he use that fiber to get rid of his constipation issues??
Either way, from an immigration point of view (focus of this forum) we are screwed (see my previous post for stances of both presidential candidates)
If the media holds Obama to the same standard as they do the republicans, you will see the democrats crumbling faster than a cookie.
There is so much hypocrisy in the media. If women vote for Sarah Palin it is wrong because you voting her just because of his gender. But oh, if you are black and dont vote Obama, then you are the most odious person living in this world. How will you explain your kids that you did not support a black person for presidency? This kind of duplicity is keeping Obama look good in the eyes of people. Throw off your goggles and you will see the same issues with Obama that you see with Sarah.
Also, so many low intensity criminals are asked to do community service, that does not qualify them to become the president of US. And what happened to his moral fiber when he changed his opposition to the telco immunity bill and voted so that he does not look bad on security issues? Did he use that fiber to get rid of his constipation issues??
more...
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ram04
12-19 08:47 PM
I was on H1 with new company, so I never stopped working.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
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vgayalu
07-06 08:13 PM
I read some where that HR 5477 (SKIL Bill) is referred to Judiciary commitee of house.
What does it mean? Is there any favour for us?
Pleases clarify.
What does it mean? Is there any favour for us?
Pleases clarify.
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Caliber
12-10 03:18 PM
Shut up you junkie..
RSVPing and then not coming is very professional?
I am neither supporting nor opposing any one. Is asking some one to Shutup professional?
Frankly many of us are pushing out people out of this site. I am sorry to say this.
RSVPing and then not coming is very professional?
I am neither supporting nor opposing any one. Is asking some one to Shutup professional?
Frankly many of us are pushing out people out of this site. I am sorry to say this.
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bekugc
06-04 08:15 PM
still waiting for an answer to my earlier qn...anybody else in same boat with an answer.?
************************************************** *****
when 485 pending pple r requesting AP to travel out and return back.
the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
in part 7 of the application --> can it be left empty???
since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
************************************************** *****
thanks
************************************************** *****
when 485 pending pple r requesting AP to travel out and return back.
the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
in part 7 of the application --> can it be left empty???
since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
************************************************** *****
thanks
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hourglass
07-09 01:03 AM
Hi,
I have read your previous posts. No clue about the lawfirm you mentioned.
speak to Ron Gotcher at www.gotcherlaw.com, in los angeles, very experienced.
best.
Did any one use Latour and lleras of usvisanews.com mainly lorenzo lleras.I appreciate any reviews on that firm.
I have read your previous posts. No clue about the lawfirm you mentioned.
speak to Ron Gotcher at www.gotcherlaw.com, in los angeles, very experienced.
best.
Did any one use Latour and lleras of usvisanews.com mainly lorenzo lleras.I appreciate any reviews on that firm.
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thomachan72
07-22 12:59 PM
Imagine for a moment that you are completely deaf and dumb...
Now tell me which language is the best and which one everybody should learn???
Hindi? Telugu? Kanda? English? or "Sign language"??:D:D:D:D
Now tell me which language is the best and which one everybody should learn???
Hindi? Telugu? Kanda? English? or "Sign language"??:D:D:D:D
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bharat2008
08-09 09:49 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
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
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shaikhshehzadali
03-21 02:56 PM
Dude...read your post properly...u are making a statement...u r not saying it is what USCIS thinks...
And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....
Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...
If u think USCIS thinks that way....pls mention it so...Get a life
FYI...I AM INDIAN
Simply amazing ...
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....
Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...
If u think USCIS thinks that way....pls mention it so...Get a life
FYI...I AM INDIAN
Simply amazing ...
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
more...
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diptam
06-25 05:16 PM
mirage,
Sometimes i believe in conspiracy theory but not this time. They just approved it fast because of improved processing in Texas - i'm also scared if they approve mine fast and i wont get 2 year as well.
Why - Because once you pay 340 from next time onwards its FREE. why they would increase load without any money :)
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
Sometimes i believe in conspiracy theory but not this time. They just approved it fast because of improved processing in Texas - i'm also scared if they approve mine fast and i wont get 2 year as well.
Why - Because once you pay 340 from next time onwards its FREE. why they would increase load without any money :)
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
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keshtwo
06-19 05:05 PM
This year with overflows from ROW category, maybe 40K extra numbers were used for backlog reduction. Adding 10k for each china and India it makes the number 60K. Isnt 90K better than 60k (if we are lucky) under current system?
more...
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swaroopmukka
07-18 10:39 AM
Hello,
I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.
Thanks
I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.
Thanks
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sledge_hammer
04-10 12:27 PM
How do you check the comments when someone REDs you? I've been looking around but haven't found the link.
Cool! More reds with these comments. Although you guys didn't make these comments openly, I would like to reply to you openly:
Red Comment No. 1: Learn to reply back with a cool head. Real, focused, communication in IV should be a marketing strategy for geting more donors...if that is not there...enjoy !
Neither am I IV's customer service, nor is IV core. All this guy needed to do was to search the forums and read through that thread that I pointed him to, and voila, he would have know what is IV's intention on the donor forum. He probably knew about it but just decided to throw some oil to the fire in this current thread. I agree with your reasoning on giving more focused replies but then that's what I'd keep doing all day because there are tons of folks roaming around here who have nothing better to do but criticize IV!
Red Comment No. 2: why the sarcasm, hes in the same boat as you
How is he in the same boat as me? I am on a boat called IV and I don't see him on that boat. You just wanted to give me a red dot but couldn't think of a solid reason, isn't it?
Cool! More reds with these comments. Although you guys didn't make these comments openly, I would like to reply to you openly:
Red Comment No. 1: Learn to reply back with a cool head. Real, focused, communication in IV should be a marketing strategy for geting more donors...if that is not there...enjoy !
Neither am I IV's customer service, nor is IV core. All this guy needed to do was to search the forums and read through that thread that I pointed him to, and voila, he would have know what is IV's intention on the donor forum. He probably knew about it but just decided to throw some oil to the fire in this current thread. I agree with your reasoning on giving more focused replies but then that's what I'd keep doing all day because there are tons of folks roaming around here who have nothing better to do but criticize IV!
Red Comment No. 2: why the sarcasm, hes in the same boat as you
How is he in the same boat as me? I am on a boat called IV and I don't see him on that boat. You just wanted to give me a red dot but couldn't think of a solid reason, isn't it?
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ash0210
02-12 06:28 PM
Stop amaturish and derogative remarks all the time to forum members. If you feel, I am contributing only after I-485 measures failed then its your mind-set problem..also, will you shut up and mind your business?
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
eb3_nepa
07-10 11:02 AM
Any further word on this SKIL bill?
Havent heard anything concrete (except speculations) since it has been Introduced in the house. :)
Havent heard anything concrete (except speculations) since it has been Introduced in the house. :)
Legal
05-31 10:31 AM
because
1. the sponsors are current Judiciary cmtee chairman and
the past repub judicial cmtee chairman- both are very
influential senators, not push overs.
2. Senator from Washington has heard earful from the
tech lobby.
3. Our buddy Sen Cornyn is also a sponsor.
4.It restores provisions for EB-1, outstanding professors, etc.
NO SENATOR WILL WANT HIS/HER NAME ON THERE TO GUT THIS
AMENDMENT ENTIRELY. AT THE MOST THEY MAY ONLY TRY TO DILUTE
some provisions.
Proposed Amendments to the Senate Bill
Late last week, Senators Maria Cantwell (D-WA), John Cornyn (R-TX), Patrick Leahy (D-VT) and Orrin Hatch (R-UT) announced an amendment to the Senate bill that would make important changes to several of the employment-related provisions of the Senate bill. With respect to immigrant visas, the amendment would restructure the proposed merit-based program to add several of the features of the current employment-based system. The amendment would add an employer sponsorship component, and would create programs equivalent to the first, second and third employment-based preference categories for foreign nationals of extraordinary ability, outstanding professors and researchers, multinational executives and managers, advanced degree professionals, foreign nationals of exceptional ability, and professional workers (though the amendment would not provide for an equivalent to the current "other worker" subcategory). The amendment would also restore the labor certification requirement for the second and third employment-based preference categories, but would not provide for a national interest waiver of the requirement.
In addition, the amendment proposes an additional 140,000 immigrant visa numbers for employer-sponsored merit immigrants, and would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.
Regarding the H-1B program, the amendment would eliminate the 20,000 ceiling on cap exemptions for foreign nationals holding advanced degrees from U.S. universities and create a new exemption for foreign nationals holding foreign advanced degrees in the sciences, technology, engineering or mathematics.
The amendment would also dispense with the Senate bill's expansion of the recruitment and non-displacement attestation requirement to all H-1B employers. Durbin& Grassley will not let this go that easily. At least some of the restrictions will be kept.
1. the sponsors are current Judiciary cmtee chairman and
the past repub judicial cmtee chairman- both are very
influential senators, not push overs.
2. Senator from Washington has heard earful from the
tech lobby.
3. Our buddy Sen Cornyn is also a sponsor.
4.It restores provisions for EB-1, outstanding professors, etc.
NO SENATOR WILL WANT HIS/HER NAME ON THERE TO GUT THIS
AMENDMENT ENTIRELY. AT THE MOST THEY MAY ONLY TRY TO DILUTE
some provisions.
Proposed Amendments to the Senate Bill
Late last week, Senators Maria Cantwell (D-WA), John Cornyn (R-TX), Patrick Leahy (D-VT) and Orrin Hatch (R-UT) announced an amendment to the Senate bill that would make important changes to several of the employment-related provisions of the Senate bill. With respect to immigrant visas, the amendment would restructure the proposed merit-based program to add several of the features of the current employment-based system. The amendment would add an employer sponsorship component, and would create programs equivalent to the first, second and third employment-based preference categories for foreign nationals of extraordinary ability, outstanding professors and researchers, multinational executives and managers, advanced degree professionals, foreign nationals of exceptional ability, and professional workers (though the amendment would not provide for an equivalent to the current "other worker" subcategory). The amendment would also restore the labor certification requirement for the second and third employment-based preference categories, but would not provide for a national interest waiver of the requirement.
In addition, the amendment proposes an additional 140,000 immigrant visa numbers for employer-sponsored merit immigrants, and would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.
Regarding the H-1B program, the amendment would eliminate the 20,000 ceiling on cap exemptions for foreign nationals holding advanced degrees from U.S. universities and create a new exemption for foreign nationals holding foreign advanced degrees in the sciences, technology, engineering or mathematics.
The amendment would also dispense with the Senate bill's expansion of the recruitment and non-displacement attestation requirement to all H-1B employers. Durbin& Grassley will not let this go that easily. At least some of the restrictions will be kept.
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