Philadelphia Backlog Elimination Center Tracking
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antonioa77
Registered Users (C)
atyagi73 said:Well this will screw up my weekend. After waiting for 3 and 1/2year I was hopeful to get my labor approved but looks like that would be of no use
guys,
take it easy, there a new bill now in the senate for immigration reform it includes increasing the visa number for legal people like us. i think part of this bill will be implementedatthe end although i doubt the part concerning the illegals will pass. so i think in few months the visas numbers will increase. i'm optimistic.
Question regarding EAD in terms of EB3 retrogression
Hi,
Could someone please shed some light on the issue of applying for EADs if the labor cert is approved and visa number is unavailable?
Does one still have the option to file I-140 and I-485 concurrently and apply for the EADs based on the concurrent filing.
All I need at this point is to get off of H1-B curse and have EADs to work and freedom of changing jobs. Please provide some insight into this matter. I would appreciate any help.
thanks,
frog
Hi,
Could someone please shed some light on the issue of applying for EADs if the labor cert is approved and visa number is unavailable?
Does one still have the option to file I-140 and I-485 concurrently and apply for the EADs based on the concurrent filing.
All I need at this point is to get off of H1-B curse and have EADs to work and freedom of changing jobs. Please provide some insight into this matter. I would appreciate any help.
thanks,
frog
antonioa77
Registered Users (C)
the one that was send like 2 weeks ago to the senate by kenedy and mckain. it asks for increasing the visa numbers per yr from 140000 to 290000 for Eb categories and to recaptuere the unused visas of previous yrs.it is a bill with lot of reform like for employment based and family based and illegal.m_chundi said:
antonioa77
Registered Users (C)
here is the bill summary by immigration-law.com. scroll down and u will c the reform for EB categories. i highligted
05/12/2005: Bi-Partisan Comprehensive Immigration Reform Bill Introduced in the Senate
Today, a bill entitled "The Secure America and Orderly Immigration Act of 2005" was introduced in the U.S. Senate which include the concept of legalization of illegal aliens for temporary employment in the form of a new visa, H-5A and H-5B, and adjustment of status to a lawful permanent resident working in such temporary nonimmigrant workers for four years without the employer sponsorship. The following are the excerpts relevant to the legalization program under this bill:
Essential Worker Visa Program
• Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)
• Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks
• Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers
• Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years
• Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card
• Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home
• Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws
• Prohibits the hiring of temporary workers as independent contractors
• Protects temporary workers from abuse by foreign labor contractors or employers.
• Gives temporary workers and U.S. workers remedies for violations of their rights
• An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own
• Sets up a task force to evaluate the H-5A program and recommend improvements
Adjustment of Status for H-5B Non-Immigrants
• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years
• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa
• They will receive work and travel authorization
• Their spouses and children are also eligible
• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements
Family Unity and Backlog Reduction
• Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories
• The current per-country limit on green cards is raised slightly to clear up backlogs
• Income requirements for sponsoring a family member for a green card are changed from 125% of the federal poverty guidelines to 100%, and other obstacles are removed to ensure fairness
• The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000
Immigrant visas lost due to processing delays are recaptured for future allotments
The immigrant community should strongly support this bill and work with the involved sponsoring Senators. Please contact the follwowing sponsors:
Laura Capps (Kennedy) (202)224-2633
Andrea Jones (McCain) (202)224-7130
Brian Hart (Brownback) (202)224-0237
Casey Aden-Wansbury (Lieberman) (202) 224-0975
Kristen Hellmer (Kolbe) (202)225-1466
Matthew Specht (Flake) (202)225-2635
Scott Frotman (Gutierrez) (202)225-8203
For the entire summary of the bill including the border protection and enforcement, please click here.
Report indicates that this bill may receive a fairly strong support on the Hill.
05/12/2005: Bi-Partisan Comprehensive Immigration Reform Bill Introduced in the Senate
Today, a bill entitled "The Secure America and Orderly Immigration Act of 2005" was introduced in the U.S. Senate which include the concept of legalization of illegal aliens for temporary employment in the form of a new visa, H-5A and H-5B, and adjustment of status to a lawful permanent resident working in such temporary nonimmigrant workers for four years without the employer sponsorship. The following are the excerpts relevant to the legalization program under this bill:
Essential Worker Visa Program
• Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)
• Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks
• Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers
• Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years
• Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card
• Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home
• Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws
• Prohibits the hiring of temporary workers as independent contractors
• Protects temporary workers from abuse by foreign labor contractors or employers.
• Gives temporary workers and U.S. workers remedies for violations of their rights
• An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own
• Sets up a task force to evaluate the H-5A program and recommend improvements
Adjustment of Status for H-5B Non-Immigrants
• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years
• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa
• They will receive work and travel authorization
• Their spouses and children are also eligible
• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements
Family Unity and Backlog Reduction
• Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories
• The current per-country limit on green cards is raised slightly to clear up backlogs
• Income requirements for sponsoring a family member for a green card are changed from 125% of the federal poverty guidelines to 100%, and other obstacles are removed to ensure fairness
• The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000
Immigrant visas lost due to processing delays are recaptured for future allotments
The immigrant community should strongly support this bill and work with the involved sponsoring Senators. Please contact the follwowing sponsors:
Laura Capps (Kennedy) (202)224-2633
Andrea Jones (McCain) (202)224-7130
Brian Hart (Brownback) (202)224-0237
Casey Aden-Wansbury (Lieberman) (202) 224-0975
Kristen Hellmer (Kolbe) (202)225-1466
Matthew Specht (Flake) (202)225-2635
Scott Frotman (Gutierrez) (202)225-8203
For the entire summary of the bill including the border protection and enforcement, please click here.
Report indicates that this bill may receive a fairly strong support on the Hill.
Last edited by a moderator:
antonioa77
Registered Users (C)
chinglun said:THis is for low skill or no skill jobs .
I believe people in this forum are mostly legal immigrants , right ?
and have more skill than the description ...
read the highlited part at the very bottom. it is for legal professional employment like us and it says:
The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000
the rest of the bill is for illegals.
Antonioa, Thanks for the info.chinglun said:THis is for low skill or no skill jobs .
I believe people in this forum are mostly legal immigrants , right ?
and have more skill than the description ...
chinglun,
Read from the link below. It provides a more clearer picture.
--MC
http://aila.org/fileViewer.aspx?docID=9840
antonioa77
Registered Users (C)
m_chundi said:
therefore i wouldn't be that worried about Eb categories. i think a part of the bill related for the legals will pass. some republicans and all democrats want this bill. only the conservatives republicans r against the part related to illegals. and the white house is pushing hard to pass this bill. so i think a big part of this bill will pass in few months from now. what do u think?
antonioa77
Registered Users (C)
m_chundi said:
i know, but at least they know the problem and the solution. so probably things will trun out good at the end ,nobody knows.
Does anyone have any new and revelant information about the status of the LC at Philly BEC and also regarding PERM approvals
Everyone seems to be talking about everything except what is happening at Philly BEC. Had to say it because of the posting
I keep browsing this forum and with each new post, I think there might be some new info, except that it has nothing to do with the BEC.
Everyone seems to be talking about everything except what is happening at Philly BEC. Had to say it because of the posting
I keep browsing this forum and with each new post, I think there might be some new info, except that it has nothing to do with the BEC.
USCISisMockery
Registered Users (C)
spidey said:OR
Just maybe a good lawyer can argue that by not filing another labor petition on her behalf she has helped the DOL, this immigration community, her employers HR dept by virtue of not creating unnecessary paperwork. She and by extension her family should not be penalized for this good gesture.
If a good lawyer makes this argument, chances are her H1 can be extended.. ok before you sue my pants (and entire wardrobe off, know this... I am but a meager non lawyer type... this is just an opinion.. nothing more and nothing less... ) -- good luck and I hope things work out.
-spidey
I think that won't work. If DOL, USCIS worked on logical arguments then we all can argue that "I am fed up of BEC nonsense, please adjudicate my case".
GOD_BLESS_YOU is right, we should not encourage people to post this kind of questions here. Only discussion here should be RELATED to the labor certificate. If you don't believe me, see moderator thread in DOL forum.
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eefrog said:
If Visa No.s not available
1.can apply for I-140
2.If I-140 approved, H1 is extended in 3 yrs.
When available
1.can apply for I-140
2.can apply for I-140 & I-485 concurrently
3.Will get EAD/AP after 90 Days of reciept of I-485
4.Can change Jobs applying AC21 after 180days of reciept of I-485 and approved I-140
When retrogress after Applying during process
1.I-140 gets processed,I-485 is kept pending till visa nos. availble
2.EAD/AP will be issued after 90 days after I-485 pending reciept
3.Can change jobs applying AC21 after 180days of reciept of I-485 and approved I-140
4.EAD/AP is reneweble
Last edited by a moderator:
USCISisMockery
Registered Users (C)
Its coming on to my nerve that AILA discusses and gives lot of suggestions upto length about illegal immigration problems AILA report but nothing about our plight. Don't you guys surprised by this ?
I have become paranoid now that these stupid illegals will again start flooding DOL if this bill is passed. People are optimistic just because this bill has cause to increase visa numbers. But we are forgeting that stage 2 (140/485) comes after stage 1 (labor). Without labor any number of visas are useless for us.
I have become paranoid now that these stupid illegals will again start flooding DOL if this bill is passed. People are optimistic just because this bill has cause to increase visa numbers. But we are forgeting that stage 2 (140/485) comes after stage 1 (labor). Without labor any number of visas are useless for us.
antonioa77
Registered Users (C)
USCISisMockery said:
ya but they will flood PERM and not backlog center. so in that case the Lc through perm will take years too. so for people in BEC this will not affect them.it will affect the new comers with perm.
If you have an issue with not reading not related to thread
Move on Buddies
I agree it will be nice to read only thread related postings if you have any thing to posts. If we fallow the Rules what is there to post except that we Majoriy have not recieved the 45 day letters.
These threads have become so popular and to get some clarificatios for there woes, so most people visit this site and pose there questions where they easily dont get answers from there Attorneys.
If you dont like just move on dont read and scare them away from the threads posing as moderators. If moderator thinks otherwise they will definitely delete such postings.
If possible be considerate otherwise feel happy to get up in your home country
Move on Buddies
I agree it will be nice to read only thread related postings if you have any thing to posts. If we fallow the Rules what is there to post except that we Majoriy have not recieved the 45 day letters.
These threads have become so popular and to get some clarificatios for there woes, so most people visit this site and pose there questions where they easily dont get answers from there Attorneys.
If you dont like just move on dont read and scare
them away from the threads posing as moderators. If moderator thinks otherwise they will definitely delete such postings.If possible be considerate otherwise feel happy to get up in your home country
luckylucky
Registered Users (C)
Right. Apply for EAD and change jobs based on I485 before I140 is approved is very risky because your I140 may be denied. Literally you can but then you will lose chance on your green card and even legal status. SO, changing jobs really doesn't depend on I485, but I140. I know a guy apply for his wife EAD before they getting I140, then she got a job. LAter their I140 is denied. SOmewhat the wife keep her job, but husband(who is the guy applied I14o for their family) have to go back to their country and reenter U.S. as her dependent. So, wait till the approval of I140 even if you have a I485 pending for over 180 days.mnhrdc said:
luckylucky said:
You cannot change JOBS without APPROVAL of I-140 and Pending 180 days of reciept of I-485
Another thing to know
That in all cases I-140 should be approved or pending more than 180 days so that original sponserer can not withdraw.
Currenlty I-140, in most of the cases is getting approved in 4 to 5 months with current trend.