Budget bill and I-485/EAD changes..

C

CALIHONEB

Registered Users (C)
Hi,
I have seen lot of people discussing about the budget bill and recapturing of visas, it is even posted on Immigration-law.com but so far all the documents seem to have verbiage related to recapturing visa numbers from previous years but none of the documents have any info on I485/EAD(info like everybody can apply for I485/EAD even when visa numbers are not available etc) related information. If the judiciary commitee has actually passed any amendment to budget bill i,e if it is cleared for debate in house there is should be some document indicating this information. Can somebody post that document here? (I mean not the discussion from some other thread or immigration-law.com but actual bill which has this information)

thanks
Calihoneb
 
Here is the info I found in another thread

Finally somebody got hold of the correct bill and posted in another thread

go to

http://thomas.loc.gov/

and search for
S.1932

you might have to look for the following

Sec. 8001. Recapture Of Unused Visa Numbers

Cheers
 
Good News! Senate version of the bill cleared

Got the information form an another thread and an India New Paper..

http://boards. immigrationportal .com/showthread.php?t=161571&page=127&pp=15

http://headlines. sify .com/news/fullstory.php?id=13977426&headline=Senate~nod~for~increasing~H-1B~visas
 
Will I be able to pass I-140 and I-485 concurrently? Yes and No

I received a mail from Mathew Oh immigration-law firm attorney regarding my question whether I will be able to file Concurrent I-140 and I-485 without visa availability and without I-140 approved if the bill passes and become law

I am cutting the answer he replied to me:


Biju: The answer depends on the USCIS concurrent filing policy. The
current concurrent filing regulation requires visa number availability
for
concurrent filing. To make this point clear, I revised the Breaking
News
pointing. Thank you for bringing up this question. Let's wait and see
how this legislation will unfold.
 
Last edited by a moderator:
What changes if the bill passed in both houses

]
Can any one please help my friend.
He is out of status , and got approved i140 and waiting for i485 priority date to become current. I know he cannot apply for travel docs as per the current law,If the new law passes and takes effect can he apply for his Travel Document along with I485. He is very desperate.
Thank you in advance for all your time and contribution.
Athappps
 
athapps,
Your friend has to go out of the country asap .......
If "out of status" period is less than 180 days and he gets H or L visa stamped he will be fine.......More time he takes to leave the country more trouble he will face.

Ask him to carry a reasonable writeup from his attorney as for why he was in this country when he was "out of status" and present it to the consulate officer (only if asked)
Don't wait for the new law... I am afraid but the s 1932 bill may or may not be passed....

so contact a competent lawyer if he is "out of status" for more than 180 days or leave the country asap if he is still under 180 days

GOOD LUCK TO HIM !!!!
 
over stay

http://www.gowda.com/latest_news.html

TO ALL H-1B EMPLOYERS

Please be advised that the Department of State has issued instructions to all its Posts regarding issuance of nonimmigrant visas. Effective immediately, any alien who having been lawfully admitted in nonimmigrant status, has overstayed, by even one day, the period of authorized stay, may no longer use the visa with which the alien entered the U.S. to re-enter the U.S. and may not be eligible for further visa issuance except in the country of the alien's nationality.

We will update you on new instructions as soon as possible. If you have any questions, please do not hesitate to contact our office at (248) 932-0630.

I-94 WATCH

Under the Immigration Law an alien having been lawfully admitted in nonimmigrant status, has overstayed by even one day the initial period of authorized stay, may no longer use the visa with which an alien entered the U.S. and may not be eligible for further issuance except in the country of alien's nationality.

The important document to determine the period of authorized stay is I-94, but not the visa stamped in the Passport. VISA is valid only for entering U.S. The date on the form I-94 is controlling on how long you may remain (stay) in U.S. H-1B employees are advised to check your I-94 and also of each of your dependents. Contact your employer or your attorney prior to the expiry of your I-94 for filing extension of your stay.

Any alien overstays for 180 days beyond their expiry of I-94 are ineligible to get a visa and hence inadmissible for 3 years after their departure, 10 years if they overstay 1 year.
athapps said:
]
Can any one please help my friend.
He is out of status , and got approved i140 and waiting for i485 priority date to become current. I know he cannot apply for travel docs as per the current law,If the new law passes and takes effect can he apply for his Travel Document along with I485. He is very desperate.
Thank you in advance for all your time and contribution.
Athappps
Click to expand...
 
Focus on EB Retrogression only !!!!

Please write to congressmans based on the good template posted by Anil and others in S1932 section.

We need to stay focussed on the EB Retrogression scenario only. I heard from top lawyers in immigration business ( THey write law text books ! - they are CA based, they said If affected folks are EB Category applicants they have a good chance to get more current dates. We are fighting a losing battle by asking H1 increase !!!.

If we all folks focus on H1 B CAP INCREASE WE STAND TO LOOSE EVERYTHING. Since most avg americans and folks in congress think we are " Excess Baggage " if we campaign for H1 B increase. Since our immediate need is a EB Visa, we need to focus exclusively on EB Visa. Why worry about what we can do for H1 cap increase ?. (2) it is big companies like infosys and wipro who benefit and we are fighting proxy for them ??
 
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