hebron
07-08 08:46 PM
If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.
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Winner
02-10 08:12 AM
What question and answer?
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
msily
07-19 09:36 PM
I am in
$200.00 to start. Will definitely contribute more.
$200.00 to start. Will definitely contribute more.
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delhirocks
07-21 02:42 PM
Prior EAD expiring: 09/02/08
EAD renewal mailed: June 01/08.
Renewal confirmation email: July 17th.
EAD cards received by lawyer: July 19th
EAD valid from: 09/08 - 09/10
EAD renewal mailed: June 01/08.
Renewal confirmation email: July 17th.
EAD cards received by lawyer: July 19th
EAD valid from: 09/08 - 09/10
more...
cal97
11-07 05:54 PM
I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
more...
cr52401
06-11 10:44 PM
My bank in Bank of America. I print them and try to do any trick to read the number. No way. I am going to call customer service and ask her to read the number if she can. I applied for my wife and one child.
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gc_on_demand
07-08 10:07 AM
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
more...
ys2jax
07-03 09:22 AM
I was initially planning to send a roll of toilet paper with the message "clean your shit"
but let's go gandhi's way
but let's go gandhi's way
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ski_dude12
08-26 02:51 PM
You will see a date on I-485 only if you filed I-140 & I-485 concurrently. Even my I-485 does not have any priority date.
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
more...
qplearn
10-25 07:49 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
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andycool
08-27 12:52 PM
Another case I can remember is andycool on this forum
buddy you remember me ;) :)
yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..
Got CPO on 24 ..
thanks
buddy you remember me ;) :)
yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..
Got CPO on 24 ..
thanks
more...
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johny
09-11 02:34 PM
I got receipts for 485,765,131 for me and my wife. from CSC.
mailed app on jul 6th to NSC. received on 9th Jul. Notice date on all is sep 6th.
mailed app on jul 6th to NSC. received on 9th Jul. Notice date on all is sep 6th.
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crystal
07-11 11:24 AM
I liked the burning photocopies idea very much .This will surely work.
Please share if you come up with innovative ideas to make these rallies a huge success.
Please share if you come up with innovative ideas to make these rallies a huge success.
more...
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collkaverill
07-02 09:24 AM
Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.
Anyone know if they accept packages on Saturday?
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
Anyone know if they accept packages on Saturday?
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
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glus
05-23 12:01 PM
This is awesome, glus. Thanks again for putting these fax numbers together.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
more...
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Munna Bhai
08-14 08:52 AM
All,
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
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LCtank
06-20 01:30 PM
No reason to loose energy. Enjoy what you have and make the best out of it. Agree, this should be the way everybody lives his/her life. While you have little control of it, just enjoy your time as you usually do. Eat your favorite food, love your love, don't let anything behind because of this issue.
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desi3933
07-08 10:22 AM
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
nozerd
05-03 05:22 PM
Cornyn bill as I read it is better than the other bills for US Masters holders in non STEM area ex someone like myself with an MBA.
As far as I read it basically it says to be quota exempt you should
1) Have Masters or higher from US Univ.
2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).
So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???
The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
As far as I read it basically it says to be quota exempt you should
1) Have Masters or higher from US Univ.
2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).
So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???
The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
titu1972
08-14 08:46 AM
All my checks encashed yesterday. Though my present residence is in TX and I-140 approved by NSC in 2006, still my case didn't transfered to TSC. I'm July 02 filer.
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