GC_Fever
06-28 09:43 PM
I and my wife got our approved EADs in our hand in 17 days (Mailing day to USCIS to recevied date by us). Only strange thing is that my EAD is valid from 06/2008 to 06/2009. I thought the new EADs validity would begin when the existing expires. My existing EAD expires on 09/19/2008. I lost 3 months with this renewal.
How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.
How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.
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chanduv23
06-26 10:34 AM
I sent my EAD paper file on 29th May to TSC. I received my EAD's today for 1 year. Cutoff date for 2 year is 30th june.
Wow - Mine also went on the same day. No sign of EAD yet. I wish they handle it next week so that I get 2 years :)
I sent my AP on same date too and I have soft LUD today. Not sure what it means
Wow - Mine also went on the same day. No sign of EAD yet. I wish they handle it next week so that I get 2 years :)
I sent my AP on same date too and I have soft LUD today. Not sure what it means
H1Girl
07-09 04:07 PM
I don't think i should necessarily agree with this statement. The shortage of manpower is w.r.t US Citizens with specialized skills...hence they recruit specilized people on H1/L1 categories which are known as specialized skilled employees. They won't bother about others unless they hold H/L.
Moreover, they have to think about unemployment issue caused by foreigners. Hence, I think they can't allow anyone work just like that...
I can see the most wierd issue with immigration law is that GC Holders can't bring their spouses on any dependent visa just like H4. In that sense, H4 is a bit better than 'foreign spouse of a GC holder'.
... One the one hand they will keep on syaing that we have shortage of manpower and on the other hand they try to restrict. ...
Moreover, they have to think about unemployment issue caused by foreigners. Hence, I think they can't allow anyone work just like that...
I can see the most wierd issue with immigration law is that GC Holders can't bring their spouses on any dependent visa just like H4. In that sense, H4 is a bit better than 'foreign spouse of a GC holder'.
... One the one hand they will keep on syaing that we have shortage of manpower and on the other hand they try to restrict. ...
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thomachan72
05-31 04:50 PM
These amends that are imp to us were introduced on a day (last day before mem day recess) when senate was not planning to debate / vote on any amends to the CIR. That is why these were asked to lie on table.
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Hermione
09-21 02:52 PM
Dude is absolutely right. There is a lot of support for the cause of the undocumented. Their situation is ever more desperate, and what many people do not understand, because of their numbers and huge contribution to the economy, they pretty much hold this country hostage, because it simply will not be able to survive without them any more. This is why lawmakers are less interested in the cause of legal immigrants.
But there is a flipside to this story for us. EB immigrants can position their suggestions as a solution for the whole immigration system, and not just for helpign with the situation right now, but going into the future. How? Very simple. Increase EB quotas, exempt spouses, and repeal admissibility bars - and you will have a lot more visas left over from EB1-2-3 that go lower skilled 'other workers'. If there is no admissibility bars, they would be able to apply for CP in their countries. Not only that would help current undocumented, it will give future lower skilled worker a chance to come legally. And the best thing - no amnesty to make the antis go bananas again! Just my $0.02.
But there is a flipside to this story for us. EB immigrants can position their suggestions as a solution for the whole immigration system, and not just for helpign with the situation right now, but going into the future. How? Very simple. Increase EB quotas, exempt spouses, and repeal admissibility bars - and you will have a lot more visas left over from EB1-2-3 that go lower skilled 'other workers'. If there is no admissibility bars, they would be able to apply for CP in their countries. Not only that would help current undocumented, it will give future lower skilled worker a chance to come legally. And the best thing - no amnesty to make the antis go bananas again! Just my $0.02.
go_guy123
08-09 12:25 PM
I have never lived in Canada but married to a Canadian citizen so I am writing this with her help and with my limited knowledge. I don't think 50K per year is enough, you may survive but living standard won't be as good, say, compared to Texas (if you are in CA then its different comparison). You pay more taxes, high insurance premiums, clothes are expensive etc. everything is higher. As per my bro-in-law, the sale price of houses in Houston is less that the cost of building house in Toronto (he is a financial consultant in Toronto). I heard socially Canada is better than US and have nicer people.
Heath care is free (not dental, vision etc.) but you eventually pay more taxes for that so if you are planning to bring your parents this could be good but for healthy young family basically you pay more taxes for health of others. Health care can be compared to US but not as good because there is cap on doctor's income (300K??) and many good doctors move to US.
TN is definitely good and hopefully it will remain for Canadian citizens and can be renewed with no cap for maximum years but but your dependents can not work with your TN visa.
I, myself, have applied for Canadian PR and should get it soon but that's just as stand by and won't move there unless I have to.
Yes what you are saying is true. I am not denying that but how long can you stay on
H1B is the question. But yes I also started with 50k but I am moving up. IT salaries are higher. I know banks paying 70K and going even more above 80K. You can also work as independent contractor type unlike H1B. No middle men inbetween and all expenses before tax.
Yes ofcourse US is a far bigger economy. But I was born in India, what can I do. Within my contraints I am looking for best possibility.
When I feel down/upset I look at this video and I feel far better and motivated: http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=channel_page
Since your wife is Canadian citizen, basically your downside risk in US is hedged. If things don't work out you can quickly move to Canada. But for others with Indian passport
it is not so. Like I said before I am not against working in US under TN1 or H1B. Just that
I am willing to work under desperate body shopper slave like conditions. If I get position under direct client in H1B its fine with me. In fact when your company knows that you are not that desperate they also treat you differently. Is your wife also born in Canada, if so then it is even beter, you are out of the EB-I trap. You should definiately look for US options.
Long back when we were working under H1B/OPT for a company in US, there was the annual bonus/promotion announcement. And I saw that none (except 1) of the H1Bs got a promotion. Just one H1B got promotion and that person had recent married a US citizen. Basically the company knew that its leverage over him is gone and in order to retain him they need to promote him. It is all a zero sum game my friend.
Heath care is free (not dental, vision etc.) but you eventually pay more taxes for that so if you are planning to bring your parents this could be good but for healthy young family basically you pay more taxes for health of others. Health care can be compared to US but not as good because there is cap on doctor's income (300K??) and many good doctors move to US.
TN is definitely good and hopefully it will remain for Canadian citizens and can be renewed with no cap for maximum years but but your dependents can not work with your TN visa.
I, myself, have applied for Canadian PR and should get it soon but that's just as stand by and won't move there unless I have to.
Yes what you are saying is true. I am not denying that but how long can you stay on
H1B is the question. But yes I also started with 50k but I am moving up. IT salaries are higher. I know banks paying 70K and going even more above 80K. You can also work as independent contractor type unlike H1B. No middle men inbetween and all expenses before tax.
Yes ofcourse US is a far bigger economy. But I was born in India, what can I do. Within my contraints I am looking for best possibility.
When I feel down/upset I look at this video and I feel far better and motivated: http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=channel_page
Since your wife is Canadian citizen, basically your downside risk in US is hedged. If things don't work out you can quickly move to Canada. But for others with Indian passport
it is not so. Like I said before I am not against working in US under TN1 or H1B. Just that
I am willing to work under desperate body shopper slave like conditions. If I get position under direct client in H1B its fine with me. In fact when your company knows that you are not that desperate they also treat you differently. Is your wife also born in Canada, if so then it is even beter, you are out of the EB-I trap. You should definiately look for US options.
Long back when we were working under H1B/OPT for a company in US, there was the annual bonus/promotion announcement. And I saw that none (except 1) of the H1Bs got a promotion. Just one H1B got promotion and that person had recent married a US citizen. Basically the company knew that its leverage over him is gone and in order to retain him they need to promote him. It is all a zero sum game my friend.
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desi3933
02-25 10:06 AM
Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems.
I am definitely in for such a initiative.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems.
I am definitely in for such a initiative.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
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franklin
09-22 12:45 PM
This question is not to undermine the effort, which was tremendous but just from a realistic point of view...
I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?
Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?
If the same question has been already raised, please ignore.
Thanks.
Change always takes time. Being in DC and visiting lawmakers was an incredible crash course for me in the practicalities of American politics. It was fascinating. I have to say it was one of the most satisfying things I've ever done in my life.
Whilst we are pushing for rapid changes, the realties are that building the type of relationships that we were doing in DC can take time to foster change
Anyway - lets close the thread. I was hoping to get some better information about how we can improve our motivation techniques for the future. I got many answers...
I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?
Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?
If the same question has been already raised, please ignore.
Thanks.
Change always takes time. Being in DC and visiting lawmakers was an incredible crash course for me in the practicalities of American politics. It was fascinating. I have to say it was one of the most satisfying things I've ever done in my life.
Whilst we are pushing for rapid changes, the realties are that building the type of relationships that we were doing in DC can take time to foster change
Anyway - lets close the thread. I was hoping to get some better information about how we can improve our motivation techniques for the future. I got many answers...
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desi3933
03-20 11:44 PM
Thanks desi3933, for your response.
1. I-797 dates for Employer 2 and X
MAR-2005 and JUL-2006
2. Last Date of entry in USA
FEB-2003
3. Date when I-485 was filed
JUL-2007
Thank you
>> I-797 dates for Employer 2 and X
>> MAR-2005 and JUL-2006
What is the date range for these two employers?
I-797 notice always has date range for its validity.
1. I-797 dates for Employer 2 and X
MAR-2005 and JUL-2006
2. Last Date of entry in USA
FEB-2003
3. Date when I-485 was filed
JUL-2007
Thank you
>> I-797 dates for Employer 2 and X
>> MAR-2005 and JUL-2006
What is the date range for these two employers?
I-797 notice always has date range for its validity.
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mheggade
07-14 06:05 PM
How do you say Level III and Level IV is EB2, Mine is EB2 but it is Level II
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
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eb3_nepa
03-08 05:31 PM
Well even British, French, Italian, and most european countries have major white populations, but they dont have advantages. It just might be a trade pact between Aus and Usa
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rockstart
06-26 11:54 AM
My lawyer asked me $400 / form as his fees so $1600 lawyer fees to apply for Spouse and mine EAD , AP. Plus $1300 USCIS fees. All this to fill a one page no brainer form. I decided to file it myself but I am sure there are lots of people who will pay them for that and why would they want 2 years EAD when they can make money every year for so little effort.
In this big black hole we are alone, not the govt. nor the lawyers really care for what goes with us. USCIS is just a money making machine for the govt. Rules are made complex and there are several layers of forms. I wonder why a person should go thru 2 stages before filing for I-485. Or why they have 5 different forms filled Labor/I-140/I-485/I-760/I-131 blah blah blah when they could just do it with 1 form like any other country have or may be 2 layers, labor and I-1485. There's no logic of having to file I-140/I-760/I-131. It's all money game...
In this big black hole we are alone, not the govt. nor the lawyers really care for what goes with us. USCIS is just a money making machine for the govt. Rules are made complex and there are several layers of forms. I wonder why a person should go thru 2 stages before filing for I-485. Or why they have 5 different forms filled Labor/I-140/I-485/I-760/I-131 blah blah blah when they could just do it with 1 form like any other country have or may be 2 layers, labor and I-1485. There's no logic of having to file I-140/I-760/I-131. It's all money game...
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randomness
03-20 06:57 PM
H1B transfer to another company does not automatically invalidate the existing H1B.
From his post it seems he was always in status and on H1B with some employer. He at some point thought of joining employer X, filed for transfer but then refused to join them.
No problems with that.
From his post it seems he was always in status and on H1B with some employer. He at some point thought of joining employer X, filed for transfer but then refused to join them.
No problems with that.
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gc28262
03-21 04:57 PM
.................................................. ........................
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
If you want to hear from Murthy, see the link I posted earlier
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
If you want to hear from Murthy, see the link I posted earlier
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
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JEESEE
06-01 11:14 AM
Isnt this Ironic that Air France Flight went missing on coast of Brazil.
I think someone up in the sky has whipped at Air France.
I think someone up in the sky has whipped at Air France.
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h4hopeful
04-06 12:00 AM
I find your comment hard to digest. I have a graduate degree and am experienced, I couldn'f find a job and I tried hard, not everyone succeeds, I am sure I am not the only skilled H-4 that couldn't get an H-1B even though tried hard. But that is not what I want to comment right now.
I understand your post during 2005, I do not get it now, when the L-1 spouses can work and if immigration laws are passed for the illegals to have work permits and let the spouses work, it will be completely biased for the H-4 visa holders. As per that there is no excuse for ignoring the H-4 laws you are right, there is no excuse for ignoring them but there is no excuse to let the L-1 spouses work and not the H-1b spouses. More so now with the illegal spouses, don't you think that we should be allowed to work?
I understand your post during 2005, I do not get it now, when the L-1 spouses can work and if immigration laws are passed for the illegals to have work permits and let the spouses work, it will be completely biased for the H-4 visa holders. As per that there is no excuse for ignoring the H-4 laws you are right, there is no excuse for ignoring them but there is no excuse to let the L-1 spouses work and not the H-1b spouses. More so now with the illegal spouses, don't you think that we should be allowed to work?
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drirshad
11-24 07:09 PM
It is one way to reduce the budget deficit, each of us will be burning away $700- every year per head for AP + EAD renewal with close to a million applicants go do the maths.
And AP/EAD renewal cannot start before 120 days so that time period every year for at least 3 years they are gonna laugh their guts out.
And we thought we achieved a big feat with the July fiasco ......
And AP/EAD renewal cannot start before 120 days so that time period every year for at least 3 years they are gonna laugh their guts out.
And we thought we achieved a big feat with the July fiasco ......
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gc_kaavaali
05-20 04:47 PM
It is good to be part of Immigration Voice efforts. I did my party. Donated $100 through paypal. Transaction ID is : 16B6932611262260B
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nixstor
06-19 11:27 PM
I've been having sleepless nights ever since a cut off date of May 15th got in the fray.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Tell me about it. My I 140 was couriered on May 21st (reached on May 22nd) after I submitted everything on Mar 16th to my lawyer. It was very painful to read that bill text and figure out that all the time spent waiting on labor cert for the past 3 years has gone to /dev/null. Have you filed under PP or regular processing? I have done mine under PP and its approved now. All notice of actions will have two dates
1) Receipt date
2) Receipt notice date
Its difficult to predict which one will they pick. We are better off with the first one. My H1 which was received on Jan 4th 07 had a receipt notice date of Jan 10th 07 under normal processing. Give heads up to your lawyer to support your case if the bill is enacted into law. They can possibly argue on the basis of the Fedex/DHL receipt or receipt date itself, as your receipt notice date happens to be after Jun 19th 07. I hope that this bill dies again in the senate and the house forces the senate to break CIR into small pieces. Teddy in senate will be playing spoil sport, if at all that happens.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Tell me about it. My I 140 was couriered on May 21st (reached on May 22nd) after I submitted everything on Mar 16th to my lawyer. It was very painful to read that bill text and figure out that all the time spent waiting on labor cert for the past 3 years has gone to /dev/null. Have you filed under PP or regular processing? I have done mine under PP and its approved now. All notice of actions will have two dates
1) Receipt date
2) Receipt notice date
Its difficult to predict which one will they pick. We are better off with the first one. My H1 which was received on Jan 4th 07 had a receipt notice date of Jan 10th 07 under normal processing. Give heads up to your lawyer to support your case if the bill is enacted into law. They can possibly argue on the basis of the Fedex/DHL receipt or receipt date itself, as your receipt notice date happens to be after Jun 19th 07. I hope that this bill dies again in the senate and the house forces the senate to break CIR into small pieces. Teddy in senate will be playing spoil sport, if at all that happens.
legalservice
10-08 04:40 PM
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.
Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.
Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
raju123
05-31 02:49 PM
http://www.aila.org/content/default.aspx?docid=22481 reported as follow:
Top 5 Concerns Regarding Employment-Based Immigration in Senate Bill
1. Decimation of Employment-Based Immigration System: � Eliminates first, second, and third employment-based immigration categories. � �Merit-based" point system completely disconnects employment-based immigration from employers, who have only a negligible role in new system and are unable to sponsor specific employees for permanent residence. � No provisions for multinational managers, extraordinary ability aliens, outstanding professors or researchers. � No labor market test required to protect native-born workers. 2. Lack of Path to Permanent Status for Future Flow Essential and Highly Skilled Workers: � New Y temporary worker program would create a constantly churning workforce, as it provides only a two-year nonimmigrant visa and requires workers to leave the U.S. for one year before being eligible to renew their work visa for a subsequent 2-year period. Maximum 6 years in Y status. � Carve-out of 10,000 green cards per year for "essential" Y workers, but no bridge to allow essential and highly skilled but non-degreed workers a path to eventual permanent lawful status. 3. Lack of Adequate Numbers of Future Green Cards for Employment-Based Immigrants: � Totally inadequate immigrant visa numbers (approximately 140,000 new green cards per year until the family backlogs are cleared over an 8 year period). � Future legal immigration program (after 8 years of family backlog clearance) limited to 380,000 �point system� visas, guaranteeing that new backlogs will grow immediately, and that undocumented immigration will continue. � Totally inadequate carve-outs for essential workers. 4. Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed. 5. Decimation of H-1B Program: � Adds new restrictions prohibiting employers from obtaining H-1B workers where formal degrees do not exactly correlate to proposed positions.
� Eliminates dual intent for both H-1B and L non-immigrants. This would interfere with companies� ability to recruit someone from a U.S. university and seek a green card for them while employing them on an H-1B. � Overregulates legitimate H-1B employers by subjecting all H-1B employers to burdensome rules currently applied to �willful violators� and H-1B dependent employers. � Huge increase in H-1B fees (from current $1500 to new $5000 by Sanders amendment) o Will force companies to move projects and U.S. jobs to overseas facilities, and will make it all but impossible for many businesses to stay competitive. o Will inflict disproportionate pain on small firms and American innovators. o Additional fees for filing, premium processing, recruitment and training, antifraud, compliance and other legal and administrative costs can amount to $9,000 just to secure initial H-1B approval. o H-1B employers already contribute more than $127.5 million per year to U.S. job training and scholarships through existing fees. This training and scholarship fund would go up to over $200 million per year even if the H-1B cap were only raised to 115,000, as currently proposed. o Scholarship and training fees U.S. companies now pay for each H-1B professional hired are approaching $2 billion since 1999. o These fees have funded more than 40,000 scholarships for U.S. students in math and science through the National Science Foundation, hands-on science programs for 80,000 middle and high school students and 3,700 teachers, and training for more than 55,000 U.S. workers and professionals. o U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education. o Increased H-1B fees are nothing more than a tax on innovation that will end up driving U.S. jobs overseas by making it more difficult to hire the highly educated talent America needs. � American professionals in "computer and mathematical" occupations are at virtual full employment, with a low annual unemployment rate of 2.4 percent in 2006. Cutting off the supply of H-1B talent will only hurt American competitiveness. � The Bureau of Labor Statistics projects growth of 100,000 jobs a year in computer and math science occupations between 2004 and 2014, the highest of all white collar professional categories. Note Re: Possible Amendments:
Cantwell Amendment (#1249) One amendment that has been �filed,� but is not currently �pending� is the Cantwell amendment which is very important to business immigration interests. We do not know at this time what will happen with this amendment � whether it will come to the floor for debate or be negotiated through unanimous consent into the final package. Nevertheless,
it is important to let senators know that this amendment is strongly supported by businesses. The Cantwell amendment would set up a parallel and complementary employer-sponsored merit-based program. This �employer-sponsored� stream would let companies determine the skill sets that they need and would like to sponsor for a green card and this employer-sponsored merit based system would provide 140,000 visas separate and in addition to those currently in the bill. This amendment would protect U.S. workers by applying labor market tests to employer sponsorship of foreign workers. In addition to dealing with employment-based green cards, this amendment also addresses some of the �grand bargain�s� changes to the H-1B program by striking the presumption of �immigrant intent� and restoring the �degree equivalency� provision. Furthermore, the amendment, while maintaining the provisions to strengthen H-1B enforcement in the bill, would eliminate overregulation of legitimate H-1B employers by striking provisions that would require every employer comply with burdensome rules that currently apply only to �willful violators� and to employers with excessive numbers of H-1B employees.
Durbin-Grassley Amendment (#1231) There will also possibly be a vote on a Durbin-Grassley amendment. The amendment would strike provisions in the bill that allow the Secretary of Labor to determine whether or not there is a shortage of U.S. workers in the occupation and area of intended employment for which a Y nonimmigrant is sought. This amendment would require employers to follow extensive hiring and recruitment procedures even in areas where there labor shortages as determined by the Secretary of Labor.
Top 5 Concerns Regarding Employment-Based Immigration in Senate Bill
1. Decimation of Employment-Based Immigration System: � Eliminates first, second, and third employment-based immigration categories. � �Merit-based" point system completely disconnects employment-based immigration from employers, who have only a negligible role in new system and are unable to sponsor specific employees for permanent residence. � No provisions for multinational managers, extraordinary ability aliens, outstanding professors or researchers. � No labor market test required to protect native-born workers. 2. Lack of Path to Permanent Status for Future Flow Essential and Highly Skilled Workers: � New Y temporary worker program would create a constantly churning workforce, as it provides only a two-year nonimmigrant visa and requires workers to leave the U.S. for one year before being eligible to renew their work visa for a subsequent 2-year period. Maximum 6 years in Y status. � Carve-out of 10,000 green cards per year for "essential" Y workers, but no bridge to allow essential and highly skilled but non-degreed workers a path to eventual permanent lawful status. 3. Lack of Adequate Numbers of Future Green Cards for Employment-Based Immigrants: � Totally inadequate immigrant visa numbers (approximately 140,000 new green cards per year until the family backlogs are cleared over an 8 year period). � Future legal immigration program (after 8 years of family backlog clearance) limited to 380,000 �point system� visas, guaranteeing that new backlogs will grow immediately, and that undocumented immigration will continue. � Totally inadequate carve-outs for essential workers. 4. Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed. 5. Decimation of H-1B Program: � Adds new restrictions prohibiting employers from obtaining H-1B workers where formal degrees do not exactly correlate to proposed positions.
� Eliminates dual intent for both H-1B and L non-immigrants. This would interfere with companies� ability to recruit someone from a U.S. university and seek a green card for them while employing them on an H-1B. � Overregulates legitimate H-1B employers by subjecting all H-1B employers to burdensome rules currently applied to �willful violators� and H-1B dependent employers. � Huge increase in H-1B fees (from current $1500 to new $5000 by Sanders amendment) o Will force companies to move projects and U.S. jobs to overseas facilities, and will make it all but impossible for many businesses to stay competitive. o Will inflict disproportionate pain on small firms and American innovators. o Additional fees for filing, premium processing, recruitment and training, antifraud, compliance and other legal and administrative costs can amount to $9,000 just to secure initial H-1B approval. o H-1B employers already contribute more than $127.5 million per year to U.S. job training and scholarships through existing fees. This training and scholarship fund would go up to over $200 million per year even if the H-1B cap were only raised to 115,000, as currently proposed. o Scholarship and training fees U.S. companies now pay for each H-1B professional hired are approaching $2 billion since 1999. o These fees have funded more than 40,000 scholarships for U.S. students in math and science through the National Science Foundation, hands-on science programs for 80,000 middle and high school students and 3,700 teachers, and training for more than 55,000 U.S. workers and professionals. o U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education. o Increased H-1B fees are nothing more than a tax on innovation that will end up driving U.S. jobs overseas by making it more difficult to hire the highly educated talent America needs. � American professionals in "computer and mathematical" occupations are at virtual full employment, with a low annual unemployment rate of 2.4 percent in 2006. Cutting off the supply of H-1B talent will only hurt American competitiveness. � The Bureau of Labor Statistics projects growth of 100,000 jobs a year in computer and math science occupations between 2004 and 2014, the highest of all white collar professional categories. Note Re: Possible Amendments:
Cantwell Amendment (#1249) One amendment that has been �filed,� but is not currently �pending� is the Cantwell amendment which is very important to business immigration interests. We do not know at this time what will happen with this amendment � whether it will come to the floor for debate or be negotiated through unanimous consent into the final package. Nevertheless,
it is important to let senators know that this amendment is strongly supported by businesses. The Cantwell amendment would set up a parallel and complementary employer-sponsored merit-based program. This �employer-sponsored� stream would let companies determine the skill sets that they need and would like to sponsor for a green card and this employer-sponsored merit based system would provide 140,000 visas separate and in addition to those currently in the bill. This amendment would protect U.S. workers by applying labor market tests to employer sponsorship of foreign workers. In addition to dealing with employment-based green cards, this amendment also addresses some of the �grand bargain�s� changes to the H-1B program by striking the presumption of �immigrant intent� and restoring the �degree equivalency� provision. Furthermore, the amendment, while maintaining the provisions to strengthen H-1B enforcement in the bill, would eliminate overregulation of legitimate H-1B employers by striking provisions that would require every employer comply with burdensome rules that currently apply only to �willful violators� and to employers with excessive numbers of H-1B employees.
Durbin-Grassley Amendment (#1231) There will also possibly be a vote on a Durbin-Grassley amendment. The amendment would strike provisions in the bill that allow the Secretary of Labor to determine whether or not there is a shortage of U.S. workers in the occupation and area of intended employment for which a Y nonimmigrant is sought. This amendment would require employers to follow extensive hiring and recruitment procedures even in areas where there labor shortages as determined by the Secretary of Labor.
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