Sandeep
01-23 01:53 PM
To present our case, we need facts. Like for example
-Drop in admissions/applications/exams for US universities
http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3
-Number of people on H1-B buying homes
http://www.census.gov/prod/3/98pubs/cenbr974.pdf
-Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.
-Age Pattern of the Science and Engineering Labor Force
http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "
I am also trying to gather information about the points given below
- Number of H1-Bs becoming US citizens (when given a chance)
_________
- A $$ amount of value addition of H1-Bs to the US economy
_________
- Number of children that are US citizens from H1-B families.
_________
Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
Thanks
Sandeep
-Drop in admissions/applications/exams for US universities
http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3
-Number of people on H1-B buying homes
http://www.census.gov/prod/3/98pubs/cenbr974.pdf
-Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.
-Age Pattern of the Science and Engineering Labor Force
http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "
I am also trying to gather information about the points given below
- Number of H1-Bs becoming US citizens (when given a chance)
_________
- A $$ amount of value addition of H1-Bs to the US economy
_________
- Number of children that are US citizens from H1-B families.
_________
Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
Thanks
Sandeep
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Jaime
09-18 10:16 PM
We saw many toddlers and older kids! Brave little ones!!!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
optimist578
04-10 11:47 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
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gnrajagopal
08-18 11:43 PM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
more...
fromnaija
11-14 11:47 AM
Unfortunately for renewal and replacement EAD you will have to pay the new fee of $340 and yes your EAD will be valid for only one year.
eagerr2i
08-02 06:00 PM
My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.
more...
bestin
10-21 09:40 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
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fatjoe
10-06 05:12 PM
How did you know that your case was pre-adjudicated on Sept 18th 2008?
Is there anywhere that information is available? Thanks.
Take an infopass. They can tell if your case is pre-adjudicated or not.
Is there anywhere that information is available? Thanks.
Take an infopass. They can tell if your case is pre-adjudicated or not.
more...
lccleared
04-15 10:14 AM
We had the same situation and ones got rejected.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
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RDB
06-15 11:18 PM
BTW, in the first place, shouldn't you have checked before going to the Interview that his passport has expired?.....that is a bit lame in my view...!....that's the first requirement for going to any immigration office - your passport should be valid for atleast 6 months from that date.
Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
more...
jatinr
09-27 06:50 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
FP and 485 will have same receipt number
Thanks.
FP and 485 will have same receipt number
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loma
04-15 10:03 AM
If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.
This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.
Thanks
Amol
This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.
Thanks
Amol
more...
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53885
08-10 01:44 AM
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
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Sachin_Stock
02-04 08:23 PM
My question was VERY specific. And I am not in a mood to discuss the trivial information that the responder threw up. It irks me when someone starts giving unsolicited advices instead of answering the question that I had asked.
I am sorry, didn't mean to derail the topic, but my stand was clear.
I am sorry, didn't mean to derail the topic, but my stand was clear.
more...
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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tdasara
02-08 08:58 AM
L1A - Multinational managers
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
more...
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james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
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bestin
06-19 02:38 PM
Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
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rayen
05-27 07:08 PM
Experts,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
510picker
November 30th, 2008, 06:41 PM
Owen, when did you go over to the dark side? :eek:
transpass
08-02 07:46 PM
If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...