diptam
08-11 03:14 PM
ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
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saimrathi
07-06 11:18 AM
People are burying these posts as spam.. can we do something to make sure that doesnt happen?
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
narayan_id
01-05 01:09 PM
Certified Labor
Hi guys here my details,
EB3 RIR
PD Oct 13th 2004 , WV
State labor cleared -WV- Jan 31st 2005
45 day ltr recd 2nd aug 05 replied 4th aug 05
Status certified as of Jan 4th 2007
ETA# P-05117-7xxxx
Best of luck to all.
Hi guys here my details,
EB3 RIR
PD Oct 13th 2004 , WV
State labor cleared -WV- Jan 31st 2005
45 day ltr recd 2nd aug 05 replied 4th aug 05
Status certified as of Jan 4th 2007
ETA# P-05117-7xxxx
Best of luck to all.
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qasleuth
03-12 08:15 PM
I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.
Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.
Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?
more...
GCard_Dream
09-10 01:00 PM
The discrepancy is due to the fact that you are looking at visa bulletin from 2 different month. The bulletin on State department's website is for September and the one on Mumbai consulate's website is supposed to be for October.
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
pappu
07-14 08:22 PM
Thanks. The thread is a sticky now. Let us see how much we can collect. Someone, please add up on the thread. Thanks.
more...
ssunka01
09-05 09:21 PM
I am having a home loan with ICICI. I strongly recommend do not go with ICICI. They are very fast to increase variable APR. If it declines their comment was who are watching a market. In one instance all other banks reduced their VR but not ICICI. When I emailed ,they simple said we will let you know if there any changes but never reduced. In case increasee even before announcement by RBI, they increased my APR. More over If I want to repay earlier they are charging 2% penalty. so I stongly advice do not look ICICI bank for load if you want save some money. They are not right when it comes to loan. I had always difficult to change my address on my A/c
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kdprasad
07-06 01:49 PM
I dont understand how organizations like DOS , USCIS can do such
Ping-pong childish things in their official website.
Save us God !
This shows that they are preparing for the legal fight!! Covering up as much as they can.
Ping-pong childish things in their official website.
Save us God !
This shows that they are preparing for the legal fight!! Covering up as much as they can.
more...
isedkeem
03-06 10:11 AM
Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
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valuablehurdle
06-21 01:16 PM
My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.
Labor filed: April 15th, '07 EB2 'In Process'
Labor filed: April 15th, '07 EB2 'In Process'
more...
leo2606
07-14 08:32 PM
^^^^^
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Green.Tech
05-26 04:37 PM
Another bump!
more...
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mallu
03-31 09:55 PM
.... We have NO RIGHTS WHATSOEVER to ask for that.
There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.
There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.
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reddysn
06-04 02:12 PM
Veni
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
more...
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bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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makemygc
07-06 05:39 PM
I dont see anything about the law suit on OH site.
Clear you cache by hitting CTRL + F5
Clear you cache by hitting CTRL + F5
more...
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ItIsNotFunny
07-06 09:33 AM
Why does the line on top of this page say
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
I gave my opinion on this in past. As we are dealing "very intelligent" community, need straight forward agenda to collect donation. Vague ideas don't work for collecting donation in our community. Pappu took a nice initiative and published 5 high level agenda items. Lets analyze how much money each agenda will need and we can move forward from there.
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
I gave my opinion on this in past. As we are dealing "very intelligent" community, need straight forward agenda to collect donation. Vague ideas don't work for collecting donation in our community. Pappu took a nice initiative and published 5 high level agenda items. Lets analyze how much money each agenda will need and we can move forward from there.
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H1B-GC
02-07 09:25 AM
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
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Jimi_Hendrix
11-05 11:46 PM
GC Soon!
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
9years
12-02 09:02 AM
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
Robert Kumar,
Even though one wants to push too fast, I think there are certain duration one has to wait in each step before goes to the next step (this is just based on my knowledge and I may be wrong). It takes around 6 months minimum I think. Good luck for your process.
Robert Kumar,
Even though one wants to push too fast, I think there are certain duration one has to wait in each step before goes to the next step (this is just based on my knowledge and I may be wrong). It takes around 6 months minimum I think. Good luck for your process.
Macaca
09-17 07:39 AM
Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
September 17, 2007
Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.
September 17, 2007
Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.
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