Becks
02-23 09:45 PM
I think once the application is processed, they will mark the case as "pending visa number availability". July 30 means, they must have processed(hopefully) half of the July fiasco filers. We can expect LUDs on the cases.
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
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rolrblade
07-20 03:02 PM
Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.
I disagree. if you read the instructions on Form I-485 it clearly states nder the inital evidence that you are required to submit Form G325A. No where did they mention GA 325.
So if i were you, I would agree to the earlier post to submit the G325A along with all your details in a letter or wait for a receipt.
Consult your attorney.
I disagree. if you read the instructions on Form I-485 it clearly states nder the inital evidence that you are required to submit Form G325A. No where did they mention GA 325.
So if i were you, I would agree to the earlier post to submit the G325A along with all your details in a letter or wait for a receipt.
Consult your attorney.
kaisersose
08-01 01:29 PM
But dont you guys expect improvement after all this fiasco ?
Do you not agree that INS will learn some lessons from this ?
They certainly have. We will not see dates becoming C ever again.
They may also come up with a new system where the DOS bulletin is only for USCIS use and we will file 485s based on another bulletin released by USCIS, which will be a more accurate reflection of what is happening inside USCIS.
Do you not agree that INS will learn some lessons from this ?
They certainly have. We will not see dates becoming C ever again.
They may also come up with a new system where the DOS bulletin is only for USCIS use and we will file 485s based on another bulletin released by USCIS, which will be a more accurate reflection of what is happening inside USCIS.
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i4u
12-22 10:07 AM
permfiling have you got your gc? approved and waiting for the card?
Trying to figure out if all the eb2 05 filers are cleared.
Trying to figure out if all the eb2 05 filers are cleared.
more...
rp0lol
11-09 12:48 PM
I completed the form, all others, please do so.
paskal
08-27 01:50 PM
Please be good enough to join your state chapter
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
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ras
05-24 12:26 PM
Can the IV (ImmigrationVoice) university award me a Ph.D please..... :D. I have been doing research on IV Forums for the last few years...
They are no lesser than any research being done in cozy labs out there...
They are no lesser than any research being done in cozy labs out there...
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dvb
12-14 11:40 AM
- My port of entry was Minneapolis/St. Paul.
- Remember to please take ALL originals of the AP that you have (let the officer sort out what to do with them).
- I had I-485 application receipt (or take a copy if you do not have the original) just in case (I did not need it, but why not!).
- Remember to please take ALL originals of the AP that you have (let the officer sort out what to do with them).
- I had I-485 application receipt (or take a copy if you do not have the original) just in case (I did not need it, but why not!).
more...
larun
02-04 08:57 AM
Congratulations!!
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dealsnet
02-26 01:22 PM
Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
more...
meridiani.planum
07-12 08:37 AM
I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
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pt326bc
09-23 09:19 AM
Man why you need reciepts?
For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.
If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).
I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.
Of course you would have to insist on the original H1B notice if you are going for visa stamping though.
Again this is not legal advice, just my 2 cents as I am not a lawyer.
Regards.
For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.
If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).
I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.
Of course you would have to insist on the original H1B notice if you are going for visa stamping though.
Again this is not legal advice, just my 2 cents as I am not a lawyer.
Regards.
more...
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conchshell
09-17 11:06 AM
Keep calling guys ...
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MahaBharatGC
10-16 03:03 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
more...
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gcadream
03-04 08:24 AM
Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
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hazishak
08-01 11:12 AM
Thanks for your quick reply :)
more...
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immilaw
12-08 09:03 AM
[QUOTE=gc03]Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.[/QUOTE
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.[/QUOTE
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
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diwa209
07-21 03:02 PM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
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logiclife
06-22 12:52 PM
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
anilsal
12-26 11:08 PM
Will become 3 nights in a row for you folks. But you are welcome to attend the next IL state chapter concall.
http://immigrationvoice.org/forum/showthread.php?t=2708
http://immigrationvoice.org/forum/showthread.php?t=2708
cool_guy_onnet1
06-01 01:28 PM
New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.
By Marianne Kolbasuk McGee
InformationWeek
May 31, 2007 04:50 PM
A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.
The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.
"This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.
By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.
One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.
Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.
The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.
In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.
"We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.
Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."
A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.
By Marianne Kolbasuk McGee
InformationWeek
May 31, 2007 04:50 PM
A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.
The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.
"This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.
By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.
One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.
Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.
The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.
In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.
"We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.
Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."
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