Dallas Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Worried?
If this becomes a law, illegal immigrants using H5-A etc. will be able to file for AOS ONLY after 4 years of employment. HOPEFULLY (Note: hopefullyis in uppercase :- ) ) BEC will have cleared all backloggged cases and we all might have got GC. This is going be become bad for people who would file after 3-4 years (as we all know , by then TONS of rules and laws will change). God help us all...... AND ofcourse GOD BLESS AMERICA and their LAW MAKERS.
sbdol said:Guys look at today's http://www.immigration-law.com/
Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
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SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.
(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.
[/B]
If this becomes a law, illegal immigrants using H5-A etc. will be able to file for AOS ONLY after 4 years of employment. HOPEFULLY (Note: hopefullyis in uppercase :- ) ) BEC will have cleared all backloggged cases and we all might have got GC. This is going be become bad for people who would file after 3-4 years (as we all know , by then TONS of rules and laws will change). God help us all...... AND ofcourse GOD BLESS AMERICA and their LAW MAKERS.
sick_of_waiting
Registered Users (C)
Can't we suggest to the senators that H1-B holders should also be allowed to file for AOS after 3 or 4 years of employment and make it retroactive.
PainfulGC123
Registered Users (C)
sbdol said:Guys look at today's http://www.immigration-law.com/
Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
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SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.
(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:
`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.
`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--
`(i) the employer or any collective bargaining agent of the alien; or
`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.
Does this non-immigrant status refer specifically to H-1B or H-5A or both?
mvinays said:
Good question, I also have the same question, Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa"
Here (ii)(b) of 101(a)(15)(h) says temporary permit to US for performing services" it specifically does not mention H1 or any other visa.
pennwaiting
Registered Users (C)
GC_Lover said:
I guess government deals with problem. H1B and LC is not a problem from the government point of view. Illegal immigration is.
Zany_Brainy
Registered Users (C)
Latest updates and analysis
for the latest Approval updates and Analysis without a lot of other discussions, visit the Dallas BEC approval tracker at
http://www.immigrationportal.com/showthread.php?p=1148086#post1148086
thanks
ZB
for the latest Approval updates and Analysis without a lot of other discussions, visit the Dallas BEC approval tracker at
http://www.immigrationportal.com/showthread.php?p=1148086#post1148086
thanks
ZB
ALL THIS GOVERMENT WANT'S IS TO MAKE ILLIGAL TO LEGAL SO THEY CAN COLLECT TAXES (SOCIAL, MEDICARE ETC).
SEE THIS NEW BILL FOR ILLIGAL PERSONS "THEY CAN NOT APPLY FOR G.C FOR 4YEARS??"
THIS IS ALL GIMIC FIRST THEY COLLECTED TAXES FROM US AND NOW THEY ARE TRYING HARD TO GET US OUT OF THIS COUNTRY BY MAKING THIS DAME GC PROCESS LENGHTY BY PUTTING RESTROGATION ON EB3 / EB2 COMMING SOON.
PEOPLE LIKE US STILL WAITING AND STRUGGLING
WANT'S IS TO MAKE ILLIGAL TO LEGAL SO THEY CAN COLLECT TAXES (SOCIAL, MEDICARE ETC).SEE THIS NEW BILL FOR ILLIGAL PERSONS "THEY CAN NOT APPLY FOR G.C FOR 4YEARS??"
THIS IS ALL GIMIC
FIRST THEY COLLECTED TAXES FROM US AND NOW THEY ARE TRYING HARD TO GET US OUT OF THIS COUNTRY BY MAKING THIS DAME GC PROCESS LENGHTY BY PUTTING RESTROGATION ON EB3 / EB2 COMMING SOON.PEOPLE LIKE US STILL WAITING AND STRUGGLING
marin_count
Registered Users (C)
(ii)(b) or (ii)(c) of section 101(a)(15)(H)
I have been trying to find what this clause means. Haven't been able to obtain a new document.
As per older document, I feel a little hopeful.
http://uscis.gov/lpBin/lpext.dll/in...lates&fn=document-frame.htm#slb-act101a15hiii
As per above 101 (H) (sections iia and iib are)
(ii)
(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1954 and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporary or seasonal nature, or
(b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or ...................
......
As per ii(b), I think H1 B qualify, but this is old document for 101(H) - read doc 101, section H. I haven't been able to find 101(a) anywhere - if anybody knows where it is, point this out in the forum.
Thanks.
M
I have been trying to find what this clause means. Haven't been able to obtain a new document.
As per older document, I feel a little hopeful.
http://uscis.gov/lpBin/lpext.dll/in...lates&fn=document-frame.htm#slb-act101a15hiii
As per above 101 (H) (sections iia and iib are)
(ii)
(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1954 and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporary or seasonal nature, or
(b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or ...................
......
As per ii(b), I think H1 B qualify, but this is old document for 101(H) - read doc 101, section H. I haven't been able to find 101(a) anywhere - if anybody knows where it is, point this out in the forum.
Thanks.
M
Xipe Totec
Registered Users (C)
marin_count said:
It's right at the top of the page:
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22/slb-459?f=templates&fn=document-frame.htm
There's no section (ii)(c), however
P.S. and it seems to me H1B corresponds to 101(a)(H)(i)(b) -- if you convert those (i),(ii) from Roman numerals, you'll get exactly the visa class
Last edited by a moderator:
Some refreshing news from other thread.
Guys,
My lawyer received lot of approvals for RIR cases from Dallas BEC. Some of them are 2001 and lot of 2002 approvals.
All approvals are from Dallas BEC
She said that latest approvals she got is for Mar 2002, End of Apr 2002 . She got this approvals in last week of Apr 2005.... .
She said Dallas BEC queue is far beyond Aug 2002.
When i asked how do you know about the queue she said, she sent a email query to find the status about one Aug 2002 RIR case and she got reply back with "FINAL REVIEW". That's how she confirmed this.
ICARUS.......Looks like you will need to give a queue status update..Where is the queue exactly now......
Reply With Quote
gp111 said:
Guys,
My lawyer received lot of approvals for RIR cases from Dallas BEC. Some of them are 2001 and lot of 2002 approvals.
All approvals are from Dallas BEC
She said that latest approvals she got is for Mar 2002, End of Apr 2002 . She got this approvals in last week of Apr 2005.... .
She said Dallas BEC queue is far beyond Aug 2002.
When i asked how do you know about the queue she said, she sent a email query to find the status about one Aug 2002 RIR case and she got reply back with "FINAL REVIEW". That's how she confirmed this.
ICARUS.......Looks like you will need to give a queue status update..Where is the queue exactly now......
Reply With Quote
Indira Gandhi - since you came here, you have been nothing but disruptive - why are you blaming Zany for posting his thread link? constructive work has been done,and now you have created your own thread just because you want to - this is not the Apprentice show - just unite and be one
good day and see u next week
good day and see u next week
Anand_Mishra
Registered Users (C)
Well Said..
spidey said:Hey puhrince...
Dont be so mean to her... I get out of bed each day wondering what new stunts IG's gonna pull today...
Let her be... her posts are funny if you dont take them personally
later guys (and all you absolutely fabulous ladies)
EB3 Visa numbers do not move
All
The EB3 REtrogression is now getting worse. the date has not moved this month when it moved two months last month. Anyway, the buletin is out and you guys can take a look at it.
Also as a foot note, the state department has this on the bulletin
D. RETROGRESSION OF THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKER”
CATEGORY FOR JUNE
As mentioned in the Visa Bulletin announcing the May cut-off dates, demand for visa numbers in the Employment Other Worker category has remained extremely high despite the imposition of a cut-off date. As a result, it has been necessary to retrogress the June cut-off date in an attempt to hold number use within the annual limit. It is likely that the limit will be reached sometime during June, and the category would immediately become “unavailable”.
E. VISA AVAILABILITY DURING THE REMAINDER OF FY-2005
Employment-based: During the past month there has been a significant increase in the amount of numbers being used by Citizenship and Immigration Service (CIS) offices for adjustment of status applicants. This level of demand has significantly depleted the supply of Employment-based numbers available under the annual limit. Recent discussions with CIS have made it clear that their backlog reduction efforts will sustain or increase the current level of demand. Therefore, continued visa availability in the Employment-based categories cannot be guaranteed during the final quarter of FY-2005. If demand continues at the current rate, it will be necessary to oversubscribe many or all of the Employment categories on a Worldwide basis. Such oversubscription could result in the establishment of cut-off dates, retrogression of already established dates, or some categories becoming “unavailable”.
Mexico: Heavy applicant demand in all of the Mexico Family-sponsored categories is causing the issuance level to approach the annual limit. It is likely that many of the Mexico cut-off dates will be retrogressed during the final months of FY-2005.
This means we got Serious problem ahead and the situation is not going to improve intil Year 2006 according to some sources and it can only get worse for EB2.
All
The EB3 REtrogression is now getting worse. the date has not moved this month when it moved two months last month. Anyway, the buletin is out and you guys can take a look at it.
Also as a foot note, the state department has this on the bulletin
D. RETROGRESSION OF THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKER”
CATEGORY FOR JUNE
As mentioned in the Visa Bulletin announcing the May cut-off dates, demand for visa numbers in the Employment Other Worker category has remained extremely high despite the imposition of a cut-off date. As a result, it has been necessary to retrogress the June cut-off date in an attempt to hold number use within the annual limit. It is likely that the limit will be reached sometime during June, and the category would immediately become “unavailable”.
E. VISA AVAILABILITY DURING THE REMAINDER OF FY-2005
Employment-based: During the past month there has been a significant increase in the amount of numbers being used by Citizenship and Immigration Service (CIS) offices for adjustment of status applicants. This level of demand has significantly depleted the supply of Employment-based numbers available under the annual limit. Recent discussions with CIS have made it clear that their backlog reduction efforts will sustain or increase the current level of demand. Therefore, continued visa availability in the Employment-based categories cannot be guaranteed during the final quarter of FY-2005. If demand continues at the current rate, it will be necessary to oversubscribe many or all of the Employment categories on a Worldwide basis. Such oversubscription could result in the establishment of cut-off dates, retrogression of already established dates, or some categories becoming “unavailable”.
Mexico: Heavy applicant demand in all of the Mexico Family-sponsored categories is causing the issuance level to approach the annual limit. It is likely that many of the Mexico cut-off dates will be retrogressed during the final months of FY-2005.
This means we got Serious problem ahead and the situation is not going to improve intil Year 2006 according to some sources and it can only get worse for EB2.