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09-12 09:40 AM
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
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asdf123
10-26 04:09 PM
Applied at tsc on 2aug card prodn. ordered on 23rd oct. But I have received 3 lud's after that on 485 and 2 on 765, my 140 is still pending at TSC applied on 29 of july.
can anybody guess what is it for?
can anybody guess what is it for?
cdeneo
01-11 09:32 PM
Thanks so much for responding to this query and providing great insight here. The only concern at this point would be if availing of UC benefits would create any issues when an I-485 app is pending but will hope for the best that this will not be a problem.
Thanks again for chiming in on this.
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
Thanks again for chiming in on this.
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
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Macaca
01-20 12:41 PM
I have already contributed $ 200 in the past. I prefer to make one time contributions instead of recurring.
Contributions is the need of the hour. Please help in contributions from other members. Thanks.
Contributions is the need of the hour. Please help in contributions from other members. Thanks.
more...
pragir
07-18 11:47 AM
What risks are there? I tried to search the archives but probably am not using the right search terms. Can somebody help me out?
Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.
Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.
meridiani.planum
04-07 05:00 PM
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.
more...
krishna.ahd
06-18 06:47 PM
Gurus,
Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.
Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized
What are pros and cons..
Please help..
As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??
Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.
Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized
What are pros and cons..
Please help..
As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??
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walking_dude
12-05 11:34 AM
ACLU is using USCIS/FBI over namecheck delays. Not sure if the lawsuit is limited to Citizenship applicants or GC applicants can be included.
http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.
Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/
ACLU Immigrants rights project E-mail - immrights@aclu.org
http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.
Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/
ACLU Immigrants rights project E-mail - immrights@aclu.org
more...
skgc
04-08 03:45 AM
i am not a lawyer, so what i state here is from my personal experience. i have been to hawaii on an H1B 3 years ago. there was absolutely no problem anywhere. its like flying to any of the 48 mainland states. no one asked for passports anywhere ( i did not even carry it).
I ofcourse flew to hawaii, but i have taken cruises to mexico.
as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.
since you are boarding from US, visiting an US state, coming back to US, there should be no problem.
-sk
I ofcourse flew to hawaii, but i have taken cruises to mexico.
as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.
since you are boarding from US, visiting an US state, coming back to US, there should be no problem.
-sk
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jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
more...
SGP
12-11 06:38 AM
You are EB2 and should be very happy. Imagine the pain of EB3 guys.
You will get your greencard in no time.
If you are depressed and frustrated in EB2, what do you think EB3 is?
So true !
You will get your greencard in no time.
If you are depressed and frustrated in EB2, what do you think EB3 is?
So true !
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maverick_joe
05-05 04:20 PM
when did you file your 485? I really woudnt balme you for calling multiple times..but if its been 60 days since the current processesing dates(check the processing date of the service center you filed your case at) then there is absolutely no harm calling them to check the status.
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
more...
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BumbleBee
08-17 03:58 PM
Unfortunately, So close, but so far.
based on this URL
http://www.immigration.com/fromtheagency/nsc112006.html
it appears you might have missed the boat.
This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.
Hope things go fine and they do accept the application.
Cases filed by overnight courier
On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.
based on this URL
http://www.immigration.com/fromtheagency/nsc112006.html
it appears you might have missed the boat.
This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.
Hope things go fine and they do accept the application.
Cases filed by overnight courier
On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.
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rajenk
02-11 12:56 PM
Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
more...
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t4930pd
10-20 01:27 PM
4th grader at USCIS decides the future of highly educated people! What a "JOKE".
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daramesh
10-07 12:49 PM
there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
waitintoolong, but the question is
" "Are you applying for same visa class that expired in the last 12 months?"
he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?
my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)
can you or someone else confirm the answer? has anyone asked VFS/consulate about this?
thanks
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
waitintoolong, but the question is
" "Are you applying for same visa class that expired in the last 12 months?"
he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?
my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)
can you or someone else confirm the answer? has anyone asked VFS/consulate about this?
thanks
more...
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kumargovin
06-03 10:33 AM
I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.
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humsuplou
03-09 01:30 PM
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks again!!!
Thanks again!!!
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cram
03-08 11:44 PM
What does this mean for EB-3 Philippines?
Ramba
03-22 04:25 PM
In worst case, if 202-a5 was eliminated, do you thing EB visas will be diverted to FB? Will A3 give any protection to EB catagory? 202-a3 will give more protection for FB class due to 10 to 12 years of backlogs in 4th preference FB catagory? If so, it tottaly violates the quota in EB and FB class and there is no meaning of preference level.
reachinus
10-02 12:33 PM
If she enters in H4 her H1 is gone. So be sure if she wants to enter in H4.
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