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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 09-21-2007, 03:08 PM
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jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light
Cool DREAM Act reintroduced

As Per Oh Law
-----------------
09/21/2007: DREAM Act Reintroduced as Amendment to H.R. 1585, National Defense Authorization Act of 2008, by Senator Durbin in the Senate

* Senator Durbin introduced this bill in the Senate on September 19, 2007 with the list of following 14 cosponsors:
o Sen Hagel, Chuck [NE] - 9/19/2007
Sen Lugar, Richard G. [IN] - 9/19/2007
Sen Hatch, Orrin G. [UT] - 9/19/2007
Sen Bingaman, Jeff [NM] - 9/20/2007
Sen Boxer, Barbara [CA] - 9/20/2007
Sen Cantwell, Maria [WA] - 9/20/2007
Sen Clinton, Hillary Rodham [NY] - 9/20/2007
Sen Feinstein, Dianne [CA] - 9/20/2007
Sen Kerry, John F. [MA] - 9/20/2007
Sen Lieberman, Joseph I. [CT] - 9/20/2007
Sen Menendez, Robert [NJ] - 9/20/2007
Sen Murray, Patty [WA] - 9/20/2007
Sen Nelson, Bill [FL] - 9/20/2007
Sen Obama, Barack [IL] - 9/20/2007
* For the full text of the bill, please click here.
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  #2 (permalink)  
Old 09-21-2007, 03:26 PM
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sumansk is on a distinguished road
Default

Where is SKIL attached to it....I hoped Cornyn will do something about it...

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  #3 (permalink)  
Old 09-21-2007, 03:27 PM
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Default

Quote:
Originally Posted by jonty_11 View Post
As Per Oh Law
-----------------
09/21/2007: DREAM Act Reintroduced as Amendment to H.R. 1585, National Defense Authorization Act of 2008, by Senator Durbin in the Senate

* Senator Durbin introduced this bill in the Senate on September 19, 2007 with the list of following 14 cosponsors:
o Sen Hagel, Chuck [NE] - 9/19/2007
Sen Lugar, Richard G. [IN] - 9/19/2007
Sen Hatch, Orrin G. [UT] - 9/19/2007
Sen Bingaman, Jeff [NM] - 9/20/2007
Sen Boxer, Barbara [CA] - 9/20/2007
Sen Cantwell, Maria [WA] - 9/20/2007
Sen Clinton, Hillary Rodham [NY] - 9/20/2007
Sen Feinstein, Dianne [CA] - 9/20/2007
Sen Kerry, John F. [MA] - 9/20/2007
Sen Lieberman, Joseph I. [CT] - 9/20/2007
Sen Menendez, Robert [NJ] - 9/20/2007
Sen Murray, Patty [WA] - 9/20/2007
Sen Nelson, Bill [FL] - 9/20/2007
Sen Obama, Barack [IL] - 9/20/2007
* For the full text of the bill, please click here.
does not impact legals or EB immigration, but if this passes, it would be the first non-CIR immigration bill and hopefully opens the door to more piecemeal legislation (SKIL, recapture etc)...
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  #4 (permalink)  
Old 09-21-2007, 03:44 PM
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Default

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Originally Posted by sumansk View Post
Where is SKIL attached to it....I hoped Cornyn will do something about it...
Here it is:

SA 2143. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for FY 2008 for military activities of the DOD, for military construction, and for defense activities of the Dept of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (PL 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1996, 1997,'' after ``available in fiscal year'';

(B) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

``(A) employment-based immigrants under paragraphs (1) and (2) of section 203(b) of the INA(8 U.S.C. 153(b));

``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

``(C) those immigrant workers who had petitions approved based on Schedule A under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by inserting ``1996, 1997, and'' after ``available in fiscal years''; and

(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from FY 1996 and 1997 shall be distributed equally between--

``(I) immigrant workers with approved petitions based on Schedule A (as described in paragraph (1)(C)); and

``(II) employment-based immigrants under paragraphs (1) and (2) of section 203(b) of the INA.''.

(b) H-1B Visa Availability.--Section 214(g) of the INA (8 U.S.C. 1184(g)) is amended--

(1) in paragraph (1)(A)--

(A) in clause (vi), by striking ``and'' at the end;

(B) by redesignating clause (vii) as clause (ix); and

(C) by inserting after clause (vi) the following:

``(vii) 65,000 in each of FY 2004 through 2006;
``(viii) 115,000 in FYr 2007; and''; and

(2) in paragraph (4)--

(A) by inserting ``(A)'' after ``(4)''; and
(B) by adding at the end the following:

``(B) Subparagraph (A) shall not apply to a nonimmigrant who has an approved petition for an immigrant visa under paragraph (1) or (2) of section 203(b) if at least 180 days have elapsed since the filing an application for AOS under subsection (a), (k) or (i) of section 245 that has not been denied. The Secretary of Homeland may extend the stay of such an alien in 1-year increments until a final decision is made on the alien's application for AOS.''.

(c) Immigrant Visa Backlog Reduction.--Section 201(d) of the INA (8 U.S.C. 1151(d)) is amended to read as follows:

``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of EB immigrants under this subsection for a fiscal year is equal to the sum of--

``(1) 290,000; and

``(2) the difference between--

``(A) the maximum number of visas authorized to be issued under this subsection during the previous FY; and

``(B) the number of such visas issued during the previous FY.''.

(d) Retaining Immigrants Who Have Been Educated in the US.--Section 201(b)(1) of the INA(8 U.S.C. 151(b)(1)) is amended by adding at the end the following:

``(F) Aliens who have earned a master's or higher degree from an accredited US university.

``(G) Aliens who--

``(i) have earned a master's or higher degree in science, technology, engineering, or math; and

``(ii) have been working in the US in a field related to such degree in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under paragraph (1) or (2) of section 203(b).

``(H) Aliens who--

``(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

`(ii) have received a NIW under section 203(b)(2)(B).''
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  #5 (permalink)  
Old 09-21-2007, 03:52 PM
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Default Source ???

Can you point the Source for this content???

Quote:
Originally Posted by andy garcia View Post
Here it is:

SA 2143. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for FY 2008 for military activities of the DOD, for military construction, and for defense activities of the Dept of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
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__________________________________________________ _______________________________________
11 yrs since landed in US till waiting for GC while all my peers are citizens.
HOPING USCIS either to approve or deny my GC ASAP - EB3 India, PD - 2004 Mar, I-140 - 2006 July
I-485/AP/EAD - RD July 2. ND Aug 15, 2007 NSC
FP - Oct 12, 2007 EAD,AP - 2nd set
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  #6 (permalink)  
Old 09-21-2007, 04:00 PM
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Default

Quote:
Originally Posted by gc_chahiye View Post
does not impact legals or EB immigration, but if this passes, it would be the first non-CIR immigration bill and hopefully opens the door to more piecemeal legislation (SKIL, recapture etc)...
I can confirm that the DREAM act excludes the possibility of any aged out children being able to apply for conditional residency. Once more keeping legal status is not always in your best interest. If I had not bothered to send my son to college and the expense that goes with it he might have been on his way to his own green card. However, abiding by the immigration laws means he is out in the cold.

I spoke with Senator **********office about this and is anyone interested in lobbying just about every senator to say how wrong this and that the kids who aged out of the apalling legal immigration system should at least get a fair shake at the benefits that the kids of illegals are going to get.

Maybe somebody from the anti illegal immigration lobby will read this and take the matter up. If they are then I would be more than happy to furnish them with more information about this potential injustice.

Last edited by pappu; 09-21-2007 at 05:07 PM.
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  #7 (permalink)  
Old 09-21-2007, 04:06 PM
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Default Great news

When do we start calling the senators for support??

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  #8 (permalink)  
Old 09-21-2007, 04:34 PM
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neoneo will become famous soon enough
Default Post Rally Focus !

Post rally we need to start supporting this initiative !. We have to make sure the SKIL bill is added to the list of passed bills and start calling senators to garner support. This is really a GREAT opportunity to drive this. It's not part of CIR, hence without a lot of provisions that may be controversial.

PLEASE start the calls / faxes to the senators ASAP> > >
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  #9 (permalink)  
Old 09-21-2007, 04:36 PM
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Originally Posted by RandyK View Post
When do we start calling the senators for support??

Bon't bother. It's been ordered to lie on the table. It's already dead.
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  #10 (permalink)  
Old 09-21-2007, 04:37 PM
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Quote:
Originally Posted by anandrajesh View Post
Can you point the Source for this content???
Scroll down a little bit or search for SA 2143

SA2143
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  #11 (permalink)  
Old 09-21-2007, 04:49 PM
ajm ajm is offline
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Default Applies to legals too

Quote:
Originally Posted by indianabacklog View Post
I can confirm that the DREAM act excludes the possibility of any aged out children being able to apply for conditional residency.
Can you point me to the bill text on which you based your conclusion? Because I have read the proposed amendment and my interpretation is that it does not distinguish between legals and illegals.
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  #12 (permalink)  
Old 09-21-2007, 05:53 PM
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Default Records Speaks For Itself!!

Quote:
Originally Posted by jonty_11 View Post
As Per Oh Law
-----------------
09/21/2007: DREAM Act Reintroduced as Amendment to H.R. 1585, National Defense Authorization Act of 2008, by Senator Durbin in the Senate

* Senator Durbin introduced this bill in the Senate on September 19, 2007 with the list of following 14 cosponsors:
o Sen Hagel, Chuck [NE] - 9/19/2007
Sen Lugar, Richard G. [IN] - 9/19/2007
Sen Hatch, Orrin G. [UT] - 9/19/2007
Sen Bingaman, Jeff [NM] - 9/20/2007
Sen Boxer, Barbara [CA] - 9/20/2007
Sen Cantwell, Maria [WA] - 9/20/2007
Sen Clinton, Hillary Rodham [NY] - 9/20/2007
Sen Feinstein, Dianne [CA] - 9/20/2007
Sen Kerry, John F. [MA] - 9/20/2007
Sen Lieberman, Joseph I. [CT] - 9/20/2007
Sen Menendez, Robert [NJ] - 9/20/2007
Sen Murray, Patty [WA] - 9/20/2007
Sen Nelson, Bill [FL] - 9/20/2007
Sen Obama, Barack [IL] - 9/20/2007
* For the full text of the bill, please click here.
Look at the DEMOCRATIC majority supporting the DREAM Bill. DEMOCRATS could care less about us!! I don't see MARIA CANTWELL from WA spearheading LEGAL reforms.
Senators from CA, IL, MA, NJ, NY are NOT bothered about us. DEMOCRATS DON'T WANT REFORM LEGAL IMMIGRATION AS OPPOSED TO REPUBLICANS!!
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  #13 (permalink)  
Old 09-21-2007, 05:58 PM
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Default

Quote:
Originally Posted by ajm View Post
Can you point me to the bill text on which you based your conclusion? Because I have read the proposed amendment and my interpretation is that it does not distinguish between legals and illegals.
From Senator Dick Durbin's office. My local senator representative performed an official verification request and she assures me any children who have aged out and can prove they have legal status cannot benefit. i.e. you have to be able to prove that you are in the country illegally to submit an application. Maybe our F1 aged out children should just drop out of college and become illegal then they can get relief from living in their own underworld along with the children of illegal immigrants?
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  #14 (permalink)  
Old 09-21-2007, 06:08 PM
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Default Legals are not covered

How about the following text in the bill, section 3303(a)(1):

"..an alien who is inadmissible or deportable from the United States..."

Maybe, I was a fool to send my son to college, paid high fees, and got him F1. Going illegal would have got him permanent status at least.

Quote:
Originally Posted by ajm View Post
Can you point me to the bill text on which you based your conclusion? Because I have read the proposed amendment and my interpretation is that it does not distinguish between legals and illegals.
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LC Approved: June 2007
I-140 Filed PP June 29, 2007
RFE: July 13, replied on 18th, approved July 23
------------------------------
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140+485 Concurrent filing: July 2, 2007, NSC.
I-140 Approved Sep08 with earlier PD successfully ported.
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  #15 (permalink)  
Old 09-21-2007, 06:14 PM
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Default

Quote:
Originally Posted by akgind View Post
How about the following text in the bill, section 3303(a)(1):

"..an alien who is inadmissible or deportable from the United States..."

Maybe, I was a fool to send my son to college, paid high fees, and got him F1. Going illegal would have got him permanent status at least.
Do not get anxious yet. It is unlikely that the bill will pass.
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