jthomas
03-14 11:25 PM
Should we send letters to the president about EB india category. The dates are moving very slowly..... etc..
we have to do something or it will take years to get GC
we have to do something or it will take years to get GC
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gcisadawg
03-24 10:51 PM
I do not think this is the case with OP, given that I quote, Employer X offiered me a job and sponsored my H1B and got it approved too". I guess this is a new H1B filing rather than a transfer from Employer #2 to Employer X. if this is a transfer, OP is in trouble as you suggested and the employment from transfer approval date till now will be considered "unauthorized work".
could you confirm whether Employer X thing is a transfer or fresh filing?
There is no such thing called H1B Transfer. You either file an Extension with your existing employer or a New H1B whenever you change an employer. New H1B may or may not come under quota.
One can have multiple H1B's. In this case, he had multiple H1B for several months butb used only one them. So, he was in H1B status all along with a employer who filed his H1B petition.
could you confirm whether Employer X thing is a transfer or fresh filing?
There is no such thing called H1B Transfer. You either file an Extension with your existing employer or a New H1B whenever you change an employer. New H1B may or may not come under quota.
One can have multiple H1B's. In this case, he had multiple H1B for several months butb used only one them. So, he was in H1B status all along with a employer who filed his H1B petition.
delhiguy79
07-18 12:54 PM
They will definitely accept the copies of the check. The reason I applied my I-140 in May 07 and didn't got any receipt and I intend to file PPS for which I require copy of I-140 but when I talked to the customer service they suggested me this solution and after that I got my check photocopies from my employer
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
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seattleboy
07-08 02:28 PM
Guys and Gals,
Lets not bash anyone here. IEEE might sound anti-immigrant on the surface in true sense, its only anti H1B for all the right reason. I am not trying to defend IEEE but just getting the facts straight. Please check the attached file which is a letter sent by IEEE-USA president to Gov of Minnasota.
Raj
IEEE-USA has maintained a consistent position against H1-B visas for a long time. Of late they have been found making statements that cast aspersions on legal immigrants as well. I have often found that people who confess to hate only one type of immigrants are just attempting to air a politically correct view of their anti-immigrant philosophy.
http://www.ieeeusa.org/communications/releases/2006/052506pr.asp
"Combined with the H-1B visa increases, the Senate bill also includes substantial increases in legal permanent immigrant admissions that could have a major impact on the U.S. information technology workforce and engineering enterprise, according to IEEE-USA.
Dr. Wyndrum added: "The bill opens the spigot on numerous skilled visa categories. The question is how many high-tech workers can the United States absorb annually without driving up unemployment and driving down wages? The Senate demonstrated its concern about the number of unskilled workers it would allow into our country; it should show the same concern for skilled employees."
Lets not bash anyone here. IEEE might sound anti-immigrant on the surface in true sense, its only anti H1B for all the right reason. I am not trying to defend IEEE but just getting the facts straight. Please check the attached file which is a letter sent by IEEE-USA president to Gov of Minnasota.
Raj
IEEE-USA has maintained a consistent position against H1-B visas for a long time. Of late they have been found making statements that cast aspersions on legal immigrants as well. I have often found that people who confess to hate only one type of immigrants are just attempting to air a politically correct view of their anti-immigrant philosophy.
http://www.ieeeusa.org/communications/releases/2006/052506pr.asp
"Combined with the H-1B visa increases, the Senate bill also includes substantial increases in legal permanent immigrant admissions that could have a major impact on the U.S. information technology workforce and engineering enterprise, according to IEEE-USA.
Dr. Wyndrum added: "The bill opens the spigot on numerous skilled visa categories. The question is how many high-tech workers can the United States absorb annually without driving up unemployment and driving down wages? The Senate demonstrated its concern about the number of unskilled workers it would allow into our country; it should show the same concern for skilled employees."
more...
sam_i02
07-16 07:27 PM
Constangy, Brooks and Smith in North Carolina (I live in MD and we have never met each other)
This is the law firm i am using and i have nothing but excellent things to say about them. I am convinced that they truly care about thier clients. They have worked weekends to file my AOD/EAD/TA on time + as soon as the recent "july bulletin filp-flop" occured, they filed my H1B/H4 extension immediately so i could be eligble for a 3 year extension (as opposed to one). My employer pays them, but they work directly with me.
Attorney: Penni Bradshaw
Paralegal: April Shepherd (she is the one who worked with me the entire time - even gave me her cell number so i could reach her outside office hours!)
Telephone:
336.721.1001
Good luck.
This is the law firm i am using and i have nothing but excellent things to say about them. I am convinced that they truly care about thier clients. They have worked weekends to file my AOD/EAD/TA on time + as soon as the recent "july bulletin filp-flop" occured, they filed my H1B/H4 extension immediately so i could be eligble for a 3 year extension (as opposed to one). My employer pays them, but they work directly with me.
Attorney: Penni Bradshaw
Paralegal: April Shepherd (she is the one who worked with me the entire time - even gave me her cell number so i could reach her outside office hours!)
Telephone:
336.721.1001
Good luck.
santb1975
04-29 12:39 AM
We have a long way to go
more...
gcformeornot
02-02 01:06 PM
There are around 400 immigration litigation lawyers. If 10 members can volunteer and send this template it can be done. I am in between projects and I cannot devote any more time for this. If anybody takes control of this thread and contacting the lawyers I would be most happiest person. Pls don't tell me that there are no leaders in this group of 25,000 people who can do this miniscule task of contacting 400 lawyers and co-ordinating with them.
Search Results (http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100)
TEMPLATE LETTER
Sir/Madam,
We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.
These are some of the facts from the basic legal research that I have done.
Different Supreme Court Decisions
Find your legal rights, legal Information, law for common legal issues including lawyers for legal advice or legal help to your legal issues (http://public.findlaw.com/civil-righ...n-history.html)
Gratz v. Bollinger
Gratz v. Bollinger - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Gratz_v._Bollinger)
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1
Bakke vs Regents
Regents of the University of California v. Bakke - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Bakke_v._Regents)
Supreme Court Opinions
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/20.html)
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/30.html)
Articles
http://www.usatoday.com/news/washing...me-court_N.htm
http://www.enotes.com/everyday-law-e...against-racial
Thanks,
XXX
but you know most users will do????? Give you a GREEN :D
Search Results (http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100)
TEMPLATE LETTER
Sir/Madam,
We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.
These are some of the facts from the basic legal research that I have done.
Different Supreme Court Decisions
Find your legal rights, legal Information, law for common legal issues including lawyers for legal advice or legal help to your legal issues (http://public.findlaw.com/civil-righ...n-history.html)
Gratz v. Bollinger
Gratz v. Bollinger - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Gratz_v._Bollinger)
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1
Bakke vs Regents
Regents of the University of California v. Bakke - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Bakke_v._Regents)
Supreme Court Opinions
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/20.html)
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/30.html)
Articles
http://www.usatoday.com/news/washing...me-court_N.htm
http://www.enotes.com/everyday-law-e...against-racial
Thanks,
XXX
but you know most users will do????? Give you a GREEN :D
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bestia
07-17 08:49 PM
I got intrigued about bigtime. Looked something up. Here is his post
http://immigrationvoice.org/forum/showthread.php?p=84985#post84985
Note, posted on 06-16-2007.
"How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me."
Which case is pending? LC? PERM? ONE MONTHS? Is this a BEC victim?
http://immigrationvoice.org/forum/showthread.php?p=84985#post84985
Note, posted on 06-16-2007.
"How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me."
Which case is pending? LC? PERM? ONE MONTHS? Is this a BEC victim?
more...
ilikekilo
07-18 05:54 PM
People were very happy with the last USCIS announcement but we all forgot about pain of people who are stuck in years of backlog. Though some of those unfortunate may have used harsh or improper language, but they had all the right to express their feelings. We all talk about Gandhian philosophy, but we need to be more tolerant. Before we ask to ban anyone from our forum, please try to put yourself in their shoes.
Our fight is far from over, we should all fight for for in-justice made to people who are trapped in the bureaucracy.
banning people is not the solution to the problem...live and let live...reasonbly
Our fight is far from over, we should all fight for for in-justice made to people who are trapped in the bureaucracy.
banning people is not the solution to the problem...live and let live...reasonbly
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ivvm
03-22 10:09 PM
I would not agree with your interpretation. You are insinuating that a majority of the EB based green cards sponsored by employers are similar to family sponsored green card and also that people are favoured for their nationality.....how did you arrive at this conclusion?
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
more...
stucklabor
03-18 12:38 PM
Appu, I found it! Frist's bill says that for foreign applicants with advanced degrees in STEM from an accredited US grad program (no matter when they graduated), notwithstanding the applicant's eligibility for US permanent residence, the applicant can file for adjustment of status if the applicant has an immigrant petition filed under one of the EB categories.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
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dagabaaj
09-25 12:47 PM
If approached in the right way there is a chance that big law firms will be helpful to us. The way to do this is politely, not raising a stink, with a credible number of their clients supporting us. The big law firms could act as a "force multiplier" to use a military term, only a small fraction of the community currently know about us, the big law firms and USCIS are the common connection for EB GC process, and USCIS is not about to email all their customers about us. With the right encouragement law firms might just help.
If they have members reading forums great. However, please do be civil.
I do understand the need to vent and rant sometimes. My personal guide is not to post anything that I do not want to be publicly (or legally) held to. Also a balanced constructive post is useful for all. So I place my full name in my signature.
Now when explained like this anyone would understand. Also do see the point you are making and is worth a try. Is the core team looking into this? Do they need any assitance from us?
If they have members reading forums great. However, please do be civil.
I do understand the need to vent and rant sometimes. My personal guide is not to post anything that I do not want to be publicly (or legally) held to. Also a balanced constructive post is useful for all. So I place my full name in my signature.
Now when explained like this anyone would understand. Also do see the point you are making and is worth a try. Is the core team looking into this? Do they need any assitance from us?
more...
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casinoroyale
07-28 10:02 AM
Thanks for your responses.
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chem2
10-20 11:40 AM
I applied for my spouse's PIO card (to the Houston consulate) in January, we recd it in about a month.
Here is a list of what I sent:
1. Two copies (with photographs) of the completed PIO application
2. Three additional 35 mm x 35 mm photographs (not sure if this is reqd or not, some of the other consulate websites mentioned xtra photos, so we just sent them)
3. Money order for US $385 in favor of �Consulate General of India, Houston� (includes $20 towards express mail charge for return of PIO card)
4. Notarized copy of relevant pages of spouse's foreign passport
5. Notarized copy of spouse's birth certificate
6. Notarized copy of relevant pages of spouse's father�s Indian passport (proof of father�s Indian citizenship and permanent residence in India)
7. Copy of relevant pages of spouse's mother�s Indian passport as proof of mother�s Indian citizenship and permanent residence in India
8. Copy of relevant pages of spouse's family�s ration card showing residential address.
9. Copy of my electric bill showing current US address
10. Letter of employment showing proof of long term residence/ job in US.
11. Copy of H1 approval notice and visa copy.
We probably sent more than the minimum required, so you will have to draw your own conclusions on what to send and what to omit.
Good luck!
Here is a list of what I sent:
1. Two copies (with photographs) of the completed PIO application
2. Three additional 35 mm x 35 mm photographs (not sure if this is reqd or not, some of the other consulate websites mentioned xtra photos, so we just sent them)
3. Money order for US $385 in favor of �Consulate General of India, Houston� (includes $20 towards express mail charge for return of PIO card)
4. Notarized copy of relevant pages of spouse's foreign passport
5. Notarized copy of spouse's birth certificate
6. Notarized copy of relevant pages of spouse's father�s Indian passport (proof of father�s Indian citizenship and permanent residence in India)
7. Copy of relevant pages of spouse's mother�s Indian passport as proof of mother�s Indian citizenship and permanent residence in India
8. Copy of relevant pages of spouse's family�s ration card showing residential address.
9. Copy of my electric bill showing current US address
10. Letter of employment showing proof of long term residence/ job in US.
11. Copy of H1 approval notice and visa copy.
We probably sent more than the minimum required, so you will have to draw your own conclusions on what to send and what to omit.
Good luck!
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m306m
12-10 04:11 PM
I can see sammyb's frustration but there is something to be said for collective intelligence and opnion. If we start restricting access to the site we loose out on the "Wisdom of the Crowds". A good example is free file sharing websites that have very few people contributing (<10%) but the benefit to the community is huge and the membership becomes ever larger because it is free. So as IV becomes more popular (which should be are foremost goal) there will be more people willing to contribute (even though the percentage of people contributing might still be small). I am not making a case for free loaders, instead I am making a case for free access to information.
I salute Needhelp! for her commitment to this cause.
Why can't we move from a free service to a membership based and see how many people still continue ... evenif with 25K members it is only a handful who are active and part of the initiative ... so I would suggest to go for a membership ...
it could be a per month basis or pay a big amount and get membership for life or year ... say $200 for a year or $20 for a month ... we don't need the number/mass unless they are active in all way ... just my thoughts ... hope the IV core team will consider that ... enough of free rides ... now pay for it and get the access to forums ... :mad:
I salute Needhelp! for her commitment to this cause.
Why can't we move from a free service to a membership based and see how many people still continue ... evenif with 25K members it is only a handful who are active and part of the initiative ... so I would suggest to go for a membership ...
it could be a per month basis or pay a big amount and get membership for life or year ... say $200 for a year or $20 for a month ... we don't need the number/mass unless they are active in all way ... just my thoughts ... hope the IV core team will consider that ... enough of free rides ... now pay for it and get the access to forums ... :mad:
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04-30 12:14 PM
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01-13 05:42 PM
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GCard_Dream
03-20 06:35 PM
We are not talking about what's beneficial to the United States. What we are discussing is what the law says. It doesn't matter if it is beneficial to the United States or not, if it is the law of the land then everyone has to abide by it; even the government. I think everyone has a different opinion on what's beneficial for this country. If you talk to the people at numbersusa.com, they will say that H1B program and employment based immigration is the worst thing that happened to this country and should be stopped right at this moment yet we think that this is the best thing for this country. Go figure.
By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
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Macaca
09-20 01:28 PM
If we stress on IV's acheivements .. eg. flower campaign & San jose Rally and outcome of these..Reversal of Visa Bulletin then I think people will try to understand..
Try it. They are here: July 2 filers - Receipt Tracking (http://immigrationvoice.org/forum/showthread.php?p=170053#post170053)
They will educate you: they entered your house because you left the door open. Hence, serve them whatever they ask and get out of their way because they are doing Great Analysis!
Try it. They are here: July 2 filers - Receipt Tracking (http://immigrationvoice.org/forum/showthread.php?p=170053#post170053)
They will educate you: they entered your house because you left the door open. Hence, serve them whatever they ask and get out of their way because they are doing Great Analysis!
Macaca
09-20 01:42 PM
Some people die at 25 and
aren't buried until 75
Benjamin Franklin
aren't buried until 75
Benjamin Franklin
piyushpan
03-17 02:53 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(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.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(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.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
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