mchundi
05-03 12:08 PM
[CENTER]The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
[/LIST]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.
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
[/LIST]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.
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
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EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
bomber
07-04 12:02 PM
man I could swear that was me posting except my priority date is in 2004.
maybe we have the same lawyer.
Same deal here.
maybe we have the same lawyer.
Same deal here.
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PDOCT05
10-10 12:06 PM
I am still waiting :)
more...
Kushal
07-07 10:32 PM
---
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible to get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
Congratulation for the success today..
Will the next SJ rally be on 14th or 21st Jul?
I live at Walnut Creek, but currently out of town. 21st would be favorable for me, but obviously if you already have people responding for 14th then go ahead by all means..
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible to get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
Congratulation for the success today..
Will the next SJ rally be on 14th or 21st Jul?
I live at Walnut Creek, but currently out of town. 21st would be favorable for me, but obviously if you already have people responding for 14th then go ahead by all means..
kumar1
11-21 02:46 PM
Few days ago, I saw this on TV - An American soldier died in Iraq leaving behind a 29 year old Polish wife and 6-month-old US citizen baby. Wife's paper (adjustment of status from K1->GC) was pending for 6 months or so with USCIS. When USCIS came to know about the death of that soldier (US citizen and I do not know how they came to know about it), they issued deportation order for his wife. Reason being, primary applicant is no more in this world so his dependent's application is null and void. She has been running from door to door with a baby in one arm and death letter of her husband with deportation order in the other arm. There is no one to listen to her. She lost her husband; she is going to lose her house and ability to stay in this country.
I absolutely hate to say this but Mehul, I think your wife will be better off in her home country. Please weight this option as well. My prayers are with you.
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
I absolutely hate to say this but Mehul, I think your wife will be better off in her home country. Please weight this option as well. My prayers are with you.
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
more...
JunRN
09-10 04:26 PM
Latest USCIS receipting up-date shows "July 29" for NSC. My application was received on July 31st. It seems my case is one more week wait....hopefully.
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mchatrvd
09-11 01:39 PM
I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.
more...
alwayson
02-01 10:07 AM
goti kalti maar....:)
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sanju
03-06 03:22 PM
------------------------------------------------------------------------------------------------------
Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
------------------------------------------------------------------------------------------------------
Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.
Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.
Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.
If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!
Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
------------------------------------------------------------------------------------------------------
Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.
Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.
Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.
If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!
Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
more...
amitjoey
05-23 04:36 PM
Just sent webfax to California senators.
Thanks
Thanks
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cbpds
02-01 01:37 PM
If you were "scared to use the AC21", why not use it now, anyways ur ready to go back to India, what will u do with GC once u get it anyways?
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
more...
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akhilmahajan
02-10 04:04 PM
Thanks a lot preethamsp.
Grand Total - $1220
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Hi,
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
Grand Total - $1220
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Hi,
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
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edgarrecto
12-16 09:37 AM
the january 2008 visa bulletin reflects that the eb3 category has a priority date of october 15,2002. are we made to believe that those persons who have priority dates of october 15,2002 and earlier, did not immediately file for adjustment of status but instead they will only file now this coming january 2008? is it believable that there are still applicants who will be filing now this janiuary 2008 even though their priority date is as early as october 15,2002?
more...
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gc4me
07-28 02:09 PM
LUD on I-131 and I-485 on 7/22 :confused:
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
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nemadeni
03-25 03:19 PM
Wait for Oct 2008 for any possible movement.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
more...
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simple1
05-02 01:15 AM
Thanks to basha for asking question to an attorney. Hopefully Ron answers it.
Thanks to vbkris77 for posting it in this thread.
VB Core,
Is it possible to get a quick clarification from a forum-attorney ?
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
Thanks to vbkris77 for posting it in this thread.
VB Core,
Is it possible to get a quick clarification from a forum-attorney ?
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
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abracadabra
07-07 09:24 PM
We will only come to this forum. We are 100 guys ready in DC.
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LostInGCProcess
08-29 11:06 AM
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.
We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).
Totally unfair, unjustified.
Maybe we should..........
1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.
2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.
Thats all I can think of right now....
Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.
We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).
Totally unfair, unjustified.
Maybe we should..........
1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.
2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.
Thats all I can think of right now....
maine_gc
09-24 10:47 AM
EAD applied on Jun11th approved at TSC. Received cards yesterday.
To my surprise my EAD is valid for 2 years.
My PD is Nov 2004 EB2
I140 pending at TSC.
I thought 2 year EAD is only for cases that had approved 140. Is it not the case?
To my surprise my EAD is valid for 2 years.
My PD is Nov 2004 EB2
I140 pending at TSC.
I thought 2 year EAD is only for cases that had approved 140. Is it not the case?
zilmax007
11-17 08:15 PM
Done.
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