Immigration News and Updates

Silverdragon102, BSN · Mar 19, 2007

anybody can comment on this:

h-1b "deadline" for 2007/2008
posted on: 3/15/2007

by attorneys robert l. reeves and joseph i. elias

the immigration community is bracing itself for a historical and unprecedented exhaustion of the h-1b cap. employers can petition h-1b workers for the october 1, 2007 start date beginning april 1, 2007. since april 1st is a sunday this year, applications will not be accepted until april 2, 2007.

the 65,000 visa numbers are expected to be exhausted within the first two weeks of april because demand is so high! this will have been the fastest the cap has ever been exhausted. petitioners cannot wait and must be ready to file on april 2nd in order to have a chance of obtaining an h-1b visa number.

bill gates recently testified at congressional hearings urging the cap be eliminated entirely and that an infinite number of h-1bs be available. sen. judd gregg (r-n.h.) said he "agreed 100 percent" that there shouldn't be a limit on the number of highly skilled people in the country, but he suggested congress might not be able to do more than double the quota.

until congress acts to increase the quota, employers and h-1b workers will have to scramble for the visa numbers as soon as they become available. the uscis has informed the public that it will not accept any applications received earlier that april 2, 2007 and reject those filed before the start date. this means people who planned on filing their petitions on friday, march 30, 2007 with the uscis to accept on saturday march 31, 2007, will have their cases rejected.

because the filing date is fast approaching, and the quota is expected to be reached in either the first or second week of availability, h-1b petition preparation should be in its final stages. those people looking for petitioners should intensify their job search right now to ensure sufficient time for an h-1b petition to be prepared for filing within the first week of april.

below are some frequently asked questions we have received about the h-1b cap.

what does it mean when the h-1b cap is reached?
this means that if an employer is petitioning to change your status to h-1b (for example from student or tourist status to h-1b), and the petition is received after the cap is met, the change of status cannot be granted.

if i get an october 1, 2007 start date will i be able to remain in the u.s. legally?
you will only be able to remain in the u.s. if the previous status you were admitted in was valid until october 1, 2007. for example if you entered as a tourist and your i-94 card said your status was valid until october 1, 2007 or later, you would be able to remain in the u.s. you will not be allowed to work until october 1, 2007 and only if you were granted a change of status as well.

for students who are changing status to h-1b, the situation may be different. in the past the legacy ins passed a regulation allowing students who just graduated to remain in the u.s. and start working on october 1. it is unknown if the uscis will provide the same benefit this time.

i am in h-1b status now and i have filed an extension or i will be filing an extension. will i be in danger of missing the cap? will i go out of status?
no. the h-1b cap only applies to new h-1b petitions. if an employee is already in h-1b status and is being petitioned by the same employer or even a new employer, that employee is not subject to the cap.

i am not in h-1b status now. there is an employer who is willing to sponsor me. what should i do with the cap end approaching?
you should begin processing the h-1b petition as soon as possible. the longer you delay, the closer you are to not getting a visa number.

those who require h-1b petitions must coordinate with their immigration lawyers right now to ensure that they are on track for an early filing. in all likelihood, there will be no opportunity for a late filing.

what is there to comment about? as nurse we do not go for h1b but straight to greencard which is much better for us except at the moment we are affected by retrogression

lawrence01 · Mar 20, 2007

It is my opinion as well and please do respect that as much as I respect everyone else's opinions. And I am not a US citizen. I am a foreign nurse myself who is undergoing the immigration process, so I do know what everyone is feeling regarding immigration issues.

lawrence01 · Mar 20, 2007

I created this thread for everyone, for purposes of retrogression and immigration updates only so we must keep it at that. This thread wasn't created for debating or discussing the US immigration policies or anything related to it. Any discussions are to be limited to or related to immigration news or relief of retrogression only and not the politics of it, as far as this thread is concern.

Debates, friendly discussions and constructive criticisms related to immigration and/or relief of retrogression is best done in another thread and if there is no currently active thread for that, anyone is welcome to start such thread. Thank you.

Closing this thread temporarily for a cooling off period.

lawrence01 · Mar 22, 2007

The House of Representatives will introduce this week their version of the CIR.

The CIR contains the provision for nurses to have no visa caps until 2017 and it was always a fixture and never contested by both houses as it was never an issue for them as is the provisions for employment-based and family based petitions in general. The CIR was stalled by other reasons but mainly regarding how to handle illegal immigrants and passing of the CIR this year rests on how both houses compromise on that particular issue.

Excerpts:

House immigration bill offers citizenship

The effort includes measures to appeal to conservatives, including tougher security and enforcement and a requirement that illegal immigrants leave and return.

By Nicole Gaouette and Teresa Watanabe, Times Staff Writers

March 21, 2007

WASHINGTON — Two lawmakers will fire the opening salvo in this year's immigration debate Thursday when they introduce the first House bill in many years to call for citizenship for illegal immigrants.

Reps. Luis V. Gutierrez (D-Ill.) and Jeff Flake (R-Ariz.) will unveil broad legislation that would also create a new worker program, stiffen worker verification procedures and overhaul the visa system to reduce waiting times for legal immigrants.

The congressmen, veterans of the immigration issue, are introducing their legislation at a time when Senate efforts to craft a bill have stalled, even as the Bush administration has worked intensely to build GOP support. Flake and Gutierrez worked with Sens. John McCain (R-Ariz.) and Edward M. Kennedy (D-Mass.) to craft a joint bill before moving ahead on their own.

Kennedy praised their bill Tuesday and said he was optimistic a Senate bill would soon follow. He said lawmakers wanted "a tough but fair bill that strikes the right balance between protecting our security, strengthening our economy, and enacting laws that uphold our humanity."

On Tuesday, Gutierrez emphasized that their chances of success would dim if the House and Senate did not pass their respective bills by July, because the approaching election year would make it harder. He also noted that the bill had to have bipartisan support to pass.

Click to read whole article:

http://www.latimes.com/news/nationworld/nation/la-na-immig21mar21,0,593606.story

lawrence01 · Mar 22, 2007

The House of Representatives will introduce this week their version of the CIR.
The CIR contains the provision for nurses to have no visa caps until 2017 and it was always a fixture and never contested by both houses as it was never an issue for them as is the provisions for employment-based and family based petitions in general. The CIR was stalled by other reasons but mainly regarding how to handle illegal immigrants and passing of the CIR this year rests on how both houses compromise on that particular issue.
Excerpts:
House immigration bill offers citizenship
The effort includes measures to appeal to conservatives, including tougher security and enforcement and a requirement that illegal immigrants leave and return.
By Nicole Gaouette and Teresa Watanabe, Times Staff Writers
March 21, 2007
WASHINGTON-Two lawmakers will fire the opening salvo in this year's immigration debate Thursday when they introduce the first House bill in many years to call for citizenship for illegal immigrants.
Reps. Luis V. Gutierrez (D-Ill.) and Jeff Flake (R-Ariz.) will unveil broad legislation that would also create a new worker program, stiffen worker verification procedures and overhaul the visa system to reduce waiting times for legal immigrants.
The congressmen, veterans of the immigration issue, are introducing their legislation at a time when Senate efforts to craft a bill have stalled, even as the Bush administration has worked intensely to build GOP support. Flake and Gutierrez worked with Sens. John McCain (R-Ariz.) and Edward M. Kennedy (D-Mass.) to craft a joint bill before moving ahead on their own.
Kennedy praised their bill Tuesday and said he was optimistic a Senate bill would soon follow. He said lawmakers wanted "a tough but fair bill that strikes the right balance between protecting our security, strengthening our economy, and enacting laws that uphold our humanity."
On Tuesday, Gutierrez emphasized that their chances of success would dim if the House and Senate did not pass their respective bills by July, because the approaching election year would make it harder. He also noted that the bill had to have bipartisan support to pass.
Click to read whole article:
http://www.latimes.com/news/nationworld/nation/la-na-immig21mar21,0,593606.story

Meanwhile, there are still groups still pushing for an amendment to be attached to a parent bill for the recapture of 90,000 visas for the use of nurses w/ much like the same way the 50,000 visas were recaptured last May , 2005.

Theoretically, this amendment to just re-capture would be much easier and faster than the CIR.

lawrence01 · Mar 22, 2007

Bill Gates is fully backing and pushing for the CIR w/ particular emphasis on employment-based petition provisions. Bill Gates, testified earlier on the Senate Judiciary committee hearing regarding the need to reform the EB-system and how it is not only impt. to his company but more impt. for America to compete and continue to grow.

See article below:

Bill Gates backs immigration reform on Mexico trip

MEXICO CITY (Reuters) - Microsoft Chairman Bill Gates, the world's richest man, said on Tuesday the United States should reform its immigration laws and give more flexibility to higher-skilled foreign workers.

Speaking at a conference in Mexico, the birthplace of millions of immigrants to the United States, Gates said reforms "would be helpful so we are predictable, so we are clear."

"I'm a big believer that as much as possible, and there's obviously political limitations, freedom of migration is a good thing," Gates told reporters.

http://www.reuters.com/article/worldNews/idUSN2024750720070321

bettyboop · Mar 22, 2007

Thanks lawrence01 was so relieved that you re-opened this thread.

Thank you for keeping us up to date in all these matters it gives me a glimmer of hope that this retrogression will end, keeping my fingers crossed it will be sooner rather than later.

lawrence01 · Mar 22, 2007

Thanks lawrence01 was so relieved that you re-opened this thread.
Thank you for keeping us up to date in all these matters it gives me a glimmer of hope that this retrogression will end, keeping my fingers crossed it will be sooner rather than later.

You are welcome and I will continue to update everyone. :) I am very much affected by all of these as I am undergoing the immigration process myself. I exactly know how every one feels about all of this.

One thing going good for every one is that there is currently a two-prong approach for relief of retrogression; the CIR and the 90,000 visa recapture so let's just pray and continue supporting each other that one of them passes ASAP.

suzanne4, RN · Mar 22, 2007

For the post above about the H1-B visas:

There is nothing to comment about on this topic. These visas have not been available for nurses for more than three years. There is no hospital anywhere in the US that can use this visa for an RN. You will hear immigration attorneys mentioning it, but that is reason to run from them, it means that they are not aware of the requirements for RNs.

deensy · Mar 22, 2007

For the post above about the H1-B visas:
There is nothing to comment about on this topic. These visas have not been available for nurses for more than three years. There is no hospital anywhere in the US that can use this visa for an RN. You will hear immigration attorneys mentioning it, but that is reason to run from them, it means that they are not aware of the requirements for RNs.

Thanks for clearing that up Susanne!

Deensy

lawrence01 · Mar 23, 2007

House lawmakers launch immigration overhaul bid

Thu Mar 22, 2007 3:11PM EDT

By Donna Smith

WASHINGTON (Reuters) - A bipartisan group of House lawmakers launched another push for overhauling U.S. immigration laws on Thursday, introducing a bill to give millions of illegal immigrants a chance to become citizens.

Click to read whole article:

http://www.reuters.com/article/newsOne/idUSN2236801420070322

lawrence01 · Mar 23, 2007

House lawmakers launch immigration overhaul bid
Thu Mar 22, 2007 3:11PM EDT
By Donna Smith
WASHINGTON (Reuters) - A bipartisan group of House lawmakers launched another push for overhauling U.S. immigration laws on Thursday, introducing a bill to give millions of illegal immigrants a chance to become citizens.
Click to read whole article:
http://www.reuters.com/article/newsOne/idUSN2236801420070322

In line w/ the above. The STRIVE Act of 2007 was introduced yesterday as part of the re-introduced CIR. STRIVE means Security Through Regularized Immigration and a Vibrant Economy.

It solves several issues regarding Family-based and Employment-based petitions as well as security issues.

In particular, it sets a no visa cap for highly skilled workers (w/c includes nurses) that can be read on page 8 of the summary (Title V).

Click to read summarized pdf file:

http://www.shusterman.com/pdf/strive.pdf