sam2006
09-13 07:46 PM
Milind123 you are the MAN !!!
IV is proud of you
IV is proud of you
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lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
rajeev_74
04-25 08:32 AM
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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Mouns
04-30 03:19 PM
Born in China, you can't get a Visa, even if you have a job not fillable by an US guy. And same thing if you are spouse,child you need to wait for years.
Can we estimate what kind of relief would be given in these cases?
Openheim: 225K recaptured GC family and Employment. Would provide some relief, not a lot!. As for family, about 50GC would go the husband and wife. it would be a first step.
Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities...
Can we estimate what kind of relief would be given in these cases?
Openheim: 225K recaptured GC family and Employment. Would provide some relief, not a lot!. As for family, about 50GC would go the husband and wife. it would be a first step.
Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities...
more...
immig4me
05-14 09:11 AM
Don't wait any longer
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
eb3_nepa
09-10 10:08 AM
Thanks for the contribution.
Contact us link is on every page at the top.
My apologies to the core team for that oversight. It used to be on the left and once you scroll that link goes out of view.
Contact us link is on every page at the top.
My apologies to the core team for that oversight. It used to be on the left and once you scroll that link goes out of view.
more...
manderson
09-18 08:52 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
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lonedesi
08-05 11:18 AM
LoneDesi:
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
more...
sri1309
08-17 08:18 AM
We need support from Core members in pushing EB3. We dont see much activitiy on this front..
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ashutrip
06-27 05:56 PM
Congrats skillet! Really great news!
Any march approval?
Any march approval?
more...
dante1271
07-19 01:43 PM
Jimi,
I'm in Riverside.
I'm in Riverside.
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eb3_nepa
07-05 01:17 PM
Finally spoke to my congressman's Immigration contact in Bucks County PA.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
more...
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addsf345
11-21 02:49 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
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ak_2006
06-10 02:11 PM
That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Thanks IV...thanks a lot.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Thanks IV...thanks a lot.
more...
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Libra
09-14 01:46 PM
bump
dresses Alleged Demi Lovato Racist
akhilmahajan
07-15 06:19 PM
Total So far 1535.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
more...
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add78
06-10 05:13 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
They said the same thing about Clinton having the Dem nomination locked up a year ago. :) Do not underestimate the power of grassroots organization, unified efforts, public awareness and its influence over the representatives, call/fax/flower campaigns and active lobbying. Do not get discouraged and keep trying till you succeed.
The Multi-Year EAD happened today. Others will too. All we have to do is try and follow the Action Items. And urge others to join and do the same.
visa recapture - no chance
visa increase - will not happen
still contribute??
They said the same thing about Clinton having the Dem nomination locked up a year ago. :) Do not underestimate the power of grassroots organization, unified efforts, public awareness and its influence over the representatives, call/fax/flower campaigns and active lobbying. Do not get discouraged and keep trying till you succeed.
The Multi-Year EAD happened today. Others will too. All we have to do is try and follow the Action Items. And urge others to join and do the same.
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satyasaich
07-15 11:31 PM
Dear friends
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
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ilikekilo
03-11 08:19 AM
Iam not jumping on the bandwagon but my wife and I are contemplating about opening a (indian) restaurant and I would like to know if we can open one on H1b/EAD status? I know I could consult an attorney but we are not gonna open it right away so wanted to get some insight from experts on this.
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
kaisersose
06-10 12:35 PM
As EB1 is Cureent, presume processing applications up date, EB3 is Unavailable, means no work to do for USCIS people as far as EB3 Adjudicate cases, leave EB4, EB5 categories aside which dont have many applications to process. Then the only category left for working with is EB2 and that also having ROW being current, the adjuticate applications left for processing with available visa numbers are EB2 India for time being. So this means for the next few months including this June 2008 there might be many approvals in
EB2 India category, as because theres no considerable work in EB category for USCIS people except EB2 India Adjudication. So presumably all the available visa numbers will be processed effectively in the EB2 category for the fical year.
It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.
EB2 India category, as because theres no considerable work in EB category for USCIS people except EB2 India Adjudication. So presumably all the available visa numbers will be processed effectively in the EB2 category for the fical year.
It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.
john2255
07-20 04:35 PM
Kindly understand that
Yea- YES
Nay- NO
Not- Absent from voting.
Obama was absent from voting- A clever diplomacy.
Hilary Clinton- Nay(double talk)
Senators from California- both no ( Big Surprise)
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Text of the amemdment.
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xIKs1t:e32253:
Here is the Senators and their voting pattern.
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.
REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.
Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.
Following is the text of amendment.
`(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
Yea- YES
Nay- NO
Not- Absent from voting.
Obama was absent from voting- A clever diplomacy.
Hilary Clinton- Nay(double talk)
Senators from California- both no ( Big Surprise)
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Text of the amemdment.
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xIKs1t:e32253:
Here is the Senators and their voting pattern.
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.
REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.
Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.
Following is the text of amendment.
`(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
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