starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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imh1b
10-15 12:09 PM
Why is Tata giving such huge donations to schools in US that are already established?
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
Good question.
I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
Good question.
I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D
PD_Dec2002
08-16 08:16 PM
But it is too late now :(
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
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krishmunn
05-23 04:38 PM
He will be allowed since he is an American Citizen. No special requirement ... just carry his passport
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MCQ
04-22 02:24 PM
Here is my interpertation,
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
mallik_msin
01-07 03:14 PM
To All,
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
more...
vidyakulkarni
07-11 06:52 PM
can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.
I am in 6th year of H1b.
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beautifulMind
04-22 01:50 PM
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
more...
gcdedo
01-23 06:49 AM
Off Lately in this forum and thru my freinds I am hearing premiums are also getting delayed..
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
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rajeevkaza
04-09 12:40 PM
If your 140 is approved and you are applying for extension you will get 3yrs extension for your H1B if not you get only 1yr extension. So wait for one more month from now to see if you get ur 140 cleared. Pls provide more details when n where did u apply ur 140 for us to give u better suggestion, but yes you can apply H1B extension based on ur pending 140 petetion.
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arthi123
11-18 03:05 PM
Hello,
I have a h1b stamping appointment at the Chennai Consulate on the 29th of Nov.
I am in my 7th yr of h1b.My 3 yr extension has been approved based on aprroved I-140.
I have a question on the approved I-140.I do not have the original I-797 for my I-140 approval.
Will I need it for the interview?
I have the original I-797 for the h1b extension approval but not for the I-140.I only have a copy.
My company immigration team said its not needed.
is this correct?
Thanks,
arthi
I have a h1b stamping appointment at the Chennai Consulate on the 29th of Nov.
I am in my 7th yr of h1b.My 3 yr extension has been approved based on aprroved I-140.
I have a question on the approved I-140.I do not have the original I-797 for my I-140 approval.
Will I need it for the interview?
I have the original I-797 for the h1b extension approval but not for the I-140.I only have a copy.
My company immigration team said its not needed.
is this correct?
Thanks,
arthi
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kk_kk
07-08 04:39 PM
I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.
more...
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ch102
02-22 08:43 AM
Over 500 Indian guest workers sue US company for human trafficking - The Times of India (http://timesofindia.indiatimes.com/nri/news/Over-500-Indian-guest-workers-sue-US-company-for-human-trafficking/articleshow/7548222.cms)
HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.
If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.
Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.
The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.
The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.
The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.
The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.
According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).
In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.
Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.
HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.
If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.
Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.
The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.
The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.
The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.
The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.
According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).
In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.
Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.
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maddipati1
01-08 10:18 PM
/\
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hmehta
09-30 01:49 PM
Yes, Ofcourse...it has to be valid for atleast 6 months. If it has already expired, I believe you should get a new one before travelling.
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
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chanduv23
02-21 10:57 AM
I heaard you can work for multiple employers on multiple h1b's part time but one job must always be fulltime.
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sbmallik
06-12 03:57 PM
No, you are not. Please read this (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) link - look out for the question: Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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ravageguy1
05-13 07:47 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
gkaplan
05-17 12:53 PM
Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
bestia
12-27 10:35 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.