gc@waiting
07-25 06:17 AM
Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?
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transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
chanduv23
01-24 10:22 AM
Tri Staters - please make it to this social event.
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gaz
02-17 09:34 AM
I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.
keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.
keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.
more...
leo2606
01-09 11:44 PM
Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.
I would have said 2020 but as you are not part of India or china may be 2015.
I would have said 2020 but as you are not part of India or china may be 2015.
ivar
06-18 10:59 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
more...
vikki76
04-15 09:19 PM
I agree to every comment made about Cathay /Singopore Airlines- but what are people's experiences with Emirates?
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nayekal
02-16 03:01 PM
I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
What documents are required for COS from H1 to H4?
Where is this question of maintaining legal status coming from?
I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.
If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.
My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.
What documents are required for COS from H1 to H4?
Where is this question of maintaining legal status coming from?
I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.
If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.
My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.
more...
harivenkat
05-06 08:54 PM
Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
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raydon
09-16 11:18 PM
It might be difficult to switch to F1 from H1, especially after getting into the greencard process. Since the F1 visa is a non-immigrant type, you might need to demonstrate that you have no intention to immigrate.
Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.
Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.
more...
H1B2GC
09-30 09:20 PM
You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
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fromnaija
10-01 06:27 PM
If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.
Anybody ..any replies ??
Anybody ..any replies ??
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ronhira
06-12 04:07 PM
This is terrible news !:eek:
Its not so bad. The President could have created a consensus to not to anything right now in the meeting on 17th June. He has postponed the meeting, which seems to indicate that they are trying to cut a deal or count votes required for the bill. Its not bad, its a good news.
Its not so bad. The President could have created a consensus to not to anything right now in the meeting on 17th June. He has postponed the meeting, which seems to indicate that they are trying to cut a deal or count votes required for the bill. Its not bad, its a good news.
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tikka
06-25 12:41 PM
http://immigrationvoice.org/forum/showthread.php?t=5470
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
more...
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gc_on_demand
06-02 06:30 PM
http://news.yahoo.com/s/usnw/20080602/pl_usnw/u_s__department_of_labor_auditing_all_permanent_la bor_certification_applications_filed_by_major_immi gration_law_firm
It is also on DOL website and immigration-law firm site.
It is also on DOL website and immigration-law firm site.
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gchopeful2
08-17 03:16 PM
Why not FedEx?
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Ann Ruben
01-11 07:16 AM
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
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raju123
05-03 07:29 AM
Please be positive. What is wrong in signing petition? If you are not convince, don't sign. Please don't discourage others.
These online petitions are useless. Do not sign up for them and waste your time. If you really want to do something for the bill then go and meet your senators and congressmen and talk about the bill and other bills that solve your problems.
Obama or for that matter any senator will never come to petionsonline website and see all fake signatures.
These online petitions are useless. Do not sign up for them and waste your time. If you really want to do something for the bill then go and meet your senators and congressmen and talk about the bill and other bills that solve your problems.
Obama or for that matter any senator will never come to petionsonline website and see all fake signatures.
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overhere
07-18 08:40 AM
Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.
why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.
why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.
setpit_gc
08-13 01:58 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
Berkeleybee
05-31 01:31 PM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)
But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.
What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.
best,
Berkeleybee
Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)
But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.
What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.
best,
Berkeleybee
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