LostInGCProcess
11-04 11:07 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.
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krishna.ahd
05-01 07:18 AM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
roseball
09-01 05:30 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.
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TomPlate
10-03 06:59 PM
I filed i485 after my i140 approved. But my company was sold to an other company. Till my company didn't file i140 amendment.
Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.
what may be the problems.
Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.
what may be the problems.
more...
Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
mhathi
03-06 02:11 PM
As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.
Others can correct me if I am wrong.
Others can correct me if I am wrong.
more...
pappu
06-07 02:10 PM
Congress.org - News : Why Bill Gates cares about immigration (http://www.congress.org/news/2010/05/24/why_bill_gates_cares_about_immigration)
Why Bill Gates cares about immigration
Foreign workers have a stake in fight to change laws.
Activists on both sides of the immigration debate tend to focus on the millions of illegal immigrants whose fate rests on whether Congress passed a law.
But foreigners here legally also have a stake in this fight.
The U.S. issues temporary worker visas, called H-1B after their official classification, to thousands of non-residents each year. Often, they hold college degrees and have technical skills.
Microsoft and other technology companies hire many workers this way. They often have to prove they can't hire skilled U.S. citizens to fill those jobs first.
Bill Gates wrote in the Washington Post several years back that there is an employment gap that H-1B visas help fill:
This issue has reached a crisis point. Computer science employment is growing by nearly 100,000 jobs annually. But at the same time studies show that there is a dramatic decline in the number of students graduating with computer science degrees.
The United States provides 65,000 temporary H-1B visas each year to make up this shortfall -- not nearly enough to fill open technical positions.
H-1B workers, who have united under grassroots groups like Immigration Voice , want more than just an increase in visas. They want the government to streamline the rules.
Currently, the workers have to apply for green cards through their employers, often a lengthy and cumbersome process. They can't switch jobs easily and sometimes have to reapply for a visa even if they move jobs within the same company. They have to leave the country every few years before they can reapply for a visa.
The workers can also apply for a spouse to come to the U.S., but their partners are not allowed to work under the H-4 status granted to them. The activists argue that those individuals represent a skilled base of workers who could contribute to the U.S. economy and help pay for household expenses.
Powerful corporations back the H-1 B workers in their demands, since it would make it easier for them to hire skilled workers. But groups like Numbers USA argue that those companies shouldn't hire non-residents at a time when many Americans are jobless.
-- Ambreen Ali, Congress.org
Why Bill Gates cares about immigration
Foreign workers have a stake in fight to change laws.
Activists on both sides of the immigration debate tend to focus on the millions of illegal immigrants whose fate rests on whether Congress passed a law.
But foreigners here legally also have a stake in this fight.
The U.S. issues temporary worker visas, called H-1B after their official classification, to thousands of non-residents each year. Often, they hold college degrees and have technical skills.
Microsoft and other technology companies hire many workers this way. They often have to prove they can't hire skilled U.S. citizens to fill those jobs first.
Bill Gates wrote in the Washington Post several years back that there is an employment gap that H-1B visas help fill:
This issue has reached a crisis point. Computer science employment is growing by nearly 100,000 jobs annually. But at the same time studies show that there is a dramatic decline in the number of students graduating with computer science degrees.
The United States provides 65,000 temporary H-1B visas each year to make up this shortfall -- not nearly enough to fill open technical positions.
H-1B workers, who have united under grassroots groups like Immigration Voice , want more than just an increase in visas. They want the government to streamline the rules.
Currently, the workers have to apply for green cards through their employers, often a lengthy and cumbersome process. They can't switch jobs easily and sometimes have to reapply for a visa even if they move jobs within the same company. They have to leave the country every few years before they can reapply for a visa.
The workers can also apply for a spouse to come to the U.S., but their partners are not allowed to work under the H-4 status granted to them. The activists argue that those individuals represent a skilled base of workers who could contribute to the U.S. economy and help pay for household expenses.
Powerful corporations back the H-1 B workers in their demands, since it would make it easier for them to hire skilled workers. But groups like Numbers USA argue that those companies shouldn't hire non-residents at a time when many Americans are jobless.
-- Ambreen Ali, Congress.org
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Dhundhun
05-12 12:22 AM
In case of death: None, unless enough points are there and a child less than 16 years or non working spouse over 60 years.
I was trying to intrepret social security benefits at www.ssa.gov.
It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.
Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.
After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.
Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?
For me this interpration is a learning and wanted to share it.
I was trying to intrepret social security benefits at www.ssa.gov.
It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.
Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.
After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.
Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?
For me this interpration is a learning and wanted to share it.
more...
h1bee
09-19 10:29 AM
@itsmesabby: No this was my stamping after my first extension. It was cancelld at Kolkata consulate.
@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?
@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?
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gckidhamal
02-28 06:59 PM
Hi guys,
My PD is current and my I-140 approved. I received below RFE on my pending I-485 related to my name listed differently on documents.
RFE words are listed below.
NAME DIFFERENCE:
Submit documentary evidence to establish that Pravin Bhalla, Pravinkumar Bhalla and Praveenkumar Bhalla are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.
I don't have a lawyer for my I-485. Any help on how to answer this REF will be great help.
Thank you in advance for your response.
My PD is current and my I-140 approved. I received below RFE on my pending I-485 related to my name listed differently on documents.
RFE words are listed below.
NAME DIFFERENCE:
Submit documentary evidence to establish that Pravin Bhalla, Pravinkumar Bhalla and Praveenkumar Bhalla are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.
I don't have a lawyer for my I-485. Any help on how to answer this REF will be great help.
Thank you in advance for your response.
more...
martinvisalaw
07-20 02:02 PM
Hi,
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
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probe
09-04 02:19 PM
Thanks for your response
more...
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iheartindia79
10-23 02:15 PM
I got LUD on AP (I-131).. What does it means? Is there any problem or RFE..
I saw a LUD on AP too. But, I have no idea what does it mean.
Anyone who could share?
I saw a LUD on AP too. But, I have no idea what does it mean.
Anyone who could share?
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walking_dude
10-31 06:20 PM
Wisconsin Wake up. Your chapter is calling you to join. Join the movement to increase Visa numbers and eliminate country caps. It's the only way to get out of the GC mess.
more...
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ak27
02-20 09:29 AM
I had spoken to couple of Attorneys and they have told me that H1B will done with in two weeks this year. Therefore, anyone looking to apply, get your ducts lined up.. There is not much time left..
Ajay
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
Ajay
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
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fromnaija
09-07 04:42 PM
Hi,
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
You mean before you are out of status? --- 60 days, I think.
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
You mean before you are out of status? --- 60 days, I think.
more...
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srr_2007
04-04 12:57 PM
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
Something like HSMP should come. In particular, the Fresh gradutes should be allowed to start their career in a honest way, not with the manipulted resumes designed/manufactured by almighty desi consultants.
Something like HSMP should come. In particular, the Fresh gradutes should be allowed to start their career in a honest way, not with the manipulted resumes designed/manufactured by almighty desi consultants.
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davidk
02-16 08:41 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
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jerez_z
05-10 10:18 PM
haha very nice :lol:
abhijitp
07-04 02:06 AM
Good one!
dvb123
06-01 10:43 PM
We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
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