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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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  #16 (permalink)  
Old 03-17-2006, 11:13 AM
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Quote:
Originally Posted by harsh
The option to file 485 after labor approval before priority dates become current is not present. It is not present in specter's bill either. It was present in S.1932 but current bills do not have that provision. I hope someone brings in an amendment to include this feature. This would help greatly for most of us.
if this presesnt clauses r there..i think its enuf for us to et the dates current...recapturing unused visas and increasing visa numbers
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  #17 (permalink)  
Old 03-17-2006, 11:17 AM
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Default

Quote:
Originally Posted by vallabhu
I dont see anything which will allow us to file for 485 as soon as the labor is approved, s1932 had a point whcih would allow us to file for 485 without waiting for the priority date.

Or am I missing some thing.
If this amendment can be included, and all our provisions passed, then Bill Frist for president
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  #18 (permalink)  
Old 03-17-2006, 11:20 AM
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Quote:
Originally Posted by eb_retrogession
If this amendment can be included, and all our provisions passed, then Bill Frist for president
If this does get passed with our provisions and 485 clause, we actually stand a chance of making him president
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  #19 (permalink)  
Old 03-17-2006, 11:21 AM
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harsh will become famous soon enough
Default

Since this bill has EB based provisions and does not have controversial guest workers program, would it make more sense to support this bill if it were to be tabled on senate floor instead of Specter's bill? Especially since house is totally opposed to any bill which has a guest worker program.

Moderators and those involved with IV's lobbying firm give it a thought as this bill will be less controversial than specter's.
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  #20 (permalink)  
Old 03-17-2006, 11:34 AM
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Default Frist: why I introduced the Securing America's Borders Act Thursday night

March 17, 2006, 1:16 a.m.
Securing America’s Borders
It’s a national-security issue.

By Senator Bill Frist

America needs secure borders. Right now, we don't have them. Every day thousands of people violate our frontiers. We don't know their identities and, quite often, we can't stop them. As a nation of immigrants who honor the rule of law, we must secure our borders before we can reform our immigration policies.

That's why I introduced the Securing America's Borders Act Thursday night. The bill will take our first step towards a safer and more secure border. This new law will add resources to border protection; give our immigration-enforcement officials new legal tools; invest in barriers; and make it easier for employers ensure that they hire only citizens and legal residents. In short, it will make border security a key component of our national-security plans.

Enhanced border protection starts with additional people and equipment along our frontiers. While the Senate last year led an effort add new border-patrol agents to the President's budget, a single action can't solve a longstanding agent shortage. Over the next six years all told, my bill will add nearly 15,000 additional border protection professionals to augment the 20,000 Customs and Border Protection agents already on the job. To make sure that all CBP officers benefit from the best available technology, furthermore, my bill provides for new investments in aerial vehicles, cameras, and sensors. To give CBP's work purpose, it will also establish a tough, thoughtful, and comprehensive national border-security strategy.

So that DHS officials can catch those who violate our borders, my bill will also enhance collection of biometric data about border crossers while creating tough new penalties for human smugglers, people who forge border-crossing documents, and those who involve themselves in sham marriages. Finally, terrorists and members of dangerous gangs will face expedited removal from the United States.

Prevention also matters. We can nip security challenges at the bud and save lives if we prevent people from breaking our immigration laws in the first place. Each year, many people die trying to cross our border. I've already asked the Government Accountability Office to investigate the deaths along the border but I don't believe we can wait for study results. Thus, my bill will also begin the process of building a 1,951-mile long virtual barrier across every inch of our border with Mexico. The new barrier will combine walls and fences in high-traffic areas with sensors to let CBP see and hear those who make a run for it in low traffic areas. Together, these measures should make the border safer and more secure.

Enforcing immigration laws with regard to those who enter the country, however, will only do so much to enhance our national security. Most of the people enter America illegally, after all, come here to work. Nearly everyone agrees that employers should have some responsibility for making sure their employees have legal clearance to take and keep their jobs. Right now, even the most well-intentioned employers lack a quick, efficient, foolproof way to verify the immigration status of the people they hire. Thus, my bill will expand an existing pilot program into a full-fledged electronic employer-verification database to help employers and workers alike.

While these proposals provide a good starting point, we still need to do more. Among other things, the full Senate will need to address ways we can balance security interests with our economy's labor needs and the role National Guard units might play in border enforcement. In the long term, our government needs to work on policies that encourage democracy and prosperity abroad which will also address our immigration crisis by reducing the number of people who feel that coming to the United States is their only option.

We are a nation of immigrants and that heritage remains strong in our hearts. Every immigration- and border-related policy the Senate approves must contribute to our country's security. Only a focus on security that emphasizes the rule of law will make our nation safer for all those who live here and who come here.

— Bill Frist is the U.S. Senate Majority Leader.

http://www.nationalreview.com/commen...0603170116.asp
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  #21 (permalink)  
Old 03-17-2006, 11:44 AM
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Default Advanced degree-EB3?

Frists Bill talks about advanced degree. So if u are in EB3 with an engineering degree from say India/China, does it cover such EB3 candidates ? Is his bill beneficial to only EB2 and above ?????!!!!!

someone please explain.
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  #22 (permalink)  
Old 03-17-2006, 11:52 AM
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Default

Not necessarily getGC. I am EB3 but i am a Masters from the US. Sometimes for fresh hires lawyers play it safe by applying in EB3. I had emailed someone at competeamerica.com and they had mentioned that an "advanced degree" is either a masters or a PhD. You mentioned that you had an engineering degree from India. Is that a B.E. or an M.Tech/M.E.? If you have a master's degree from India, you need to ask ur lawyer if that qualifies as an advanced degree.

But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.
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  #23 (permalink)  
Old 03-17-2006, 01:02 PM
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Default You got that right!!!

Quote:
Originally Posted by eb3_nepa
Not necessarily getGC. I am EB3 but i am a Masters from the US. Sometimes for fresh hires lawyers play it safe by applying in EB3. I had emailed someone at competeamerica.com and they had mentioned that an "advanced degree" is either a masters or a PhD. You mentioned that you had an engineering degree from India. Is that a B.E. or an M.Tech/M.E.? If you have a master's degree from India, you need to ask ur lawyer if that qualifies as an advanced degree.

But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.
I agree with you eb3_nepa. It is not a fact that everyone in EB2 category has an Advanced degree and also not a fact that no one in EB3 category has an advanced degree. So, this bill will benefit a bunch of EB3 and EB2 folks directly and indirectly.

BTW, I am also in the same boat as you are. I have a Master's in Engineering from the U.S. But I am in the EB3 category.

Sen. Bill Frist's bill is definitely a win-win situation for a lot of parties. It doesn't include the Guest Worker program as well as it includes all the major provisions for EB legal folks.

Now lets just hope that it passes the Senate and House (more critical) without any unnecessary bureaucratic delays.

FRIST FOR PREZ.
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  #24 (permalink)  
Old 03-17-2006, 02:23 PM
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Default Section-by-Section Summary by Bill Frist Himself

Click here to view .pdf file.

The Senator introduced his bill yesterday to the Senate bypassing the Senate Judiciary Committee. Surprisingly, this bill include more positive reform for the "legal" immigration, particularly "employment-based" immigration, indeed somewhat better than the Specter's Mark!

Source: http://www.immigration-law.com/
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  #25 (permalink)  
Old 03-17-2006, 02:31 PM
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Default Senator Frist bill is better

Senator Frist bill is better as it has no so called 'Guest worker' clause.
Just wrote an email to Senator Frist for removal of country limit.
I hope with this bill I'll get my GC by next year.
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  #26 (permalink)  
Old 03-17-2006, 02:53 PM
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Default Important section missed

Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill

`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.


What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)

Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
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  #27 (permalink)  
Old 03-17-2006, 03:09 PM
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harsh will become famous soon enough
Default

That sure seems interesting piyushpan. It sure seems to suggest so, but I would not be so sure as it does not say explicitly that you can apply if the priority dates are not current. What it means is that USCIS can not approve the petition, (if a petition has already been filed) unless a immigrant visa is available. Does it mean one can apply even if priority dates are not current ?? I am not so sure yet. But I hope you are right
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  #28 (permalink)  
Old 03-17-2006, 03:12 PM
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Question

Does the Frist Bill refers to advanced degree from the US or advanced degree
from Indian Universities also ? I mean MCA/MS/Msc/MTech etc? Can anyone
please clarify ?
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  #29 (permalink)  
Old 03-17-2006, 03:25 PM
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Default Country Limit: 10 % (in the case of a single foreign state) or 5 percent.

what does this mean ?

assuming 290000 seats passed of which 35 % is EB3 .. would make it 101500 seats.. if country restriction is 10% then it would mean just 10150.. is my understanding correct. . ?

does the specter bill have any country limitations... ?
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  #30 (permalink)  
Old 03-17-2006, 03:28 PM
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harsh will become famous soon enough
Default

My understanding is advanced degrees can be from any country but the 3 years work experience requirement refers to work experience in USA.
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