Maybe, some hope for the hopeless
Hello,
Maybe, if Kennedy McCain Bill passes, we won't need Labor Certification after all - it might become possible to apply for Adjustment of status (485) right away if one has completed 3 years on H1
In one of the other forums, I found the following :
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Quote:
Originally Posted by sbdol
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?
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My response to that forum is this. If anybody knows where 101(a) doc is, please point it out. I am pasting post in the other forum here as well.
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(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...b-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