masti_Gai
01-05 09:04 AM
coz...
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
designserve
02-22 02:25 PM
IRS holds records for 3 years after which tracing back is not possible.Pray!!!
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SDdesi
08-06 04:43 PM
Which center? TSC/NSC ??
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morpis
06-24 06:30 PM
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
Vsach
10-06 10:49 AM
Dear All.
I have a couple of queries and would appreciate your guidance in the matter.
-I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.
-Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)
Regards
I have a couple of queries and would appreciate your guidance in the matter.
-I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.
-Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)
Regards
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Znan
07-15 11:03 AM
I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
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sbmallik
05-29 10:15 AM
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
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Widget
03-27 12:31 PM
Do you have a list and contact numbers of these attorneys? how much do they charge?
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
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uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
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kumar v
08-09 04:54 PM
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
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ramus
06-11 12:08 PM
Man,
Get some education.. We call ourself highly educated...
If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
Get some education.. We call ourself highly educated...
If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
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sanju
11-09 12:17 AM
Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.
Cheers,
Cheers,
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sintax321
10-02 01:33 PM
So the colors and the blobs where made in 3DSM.:*( I don't have a copy so I guess I'm cursed to Photoshop. Oh well. Do you Know any good PS tutorial sites that I might not have found yet?
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chadoubra
06-21 01:24 PM
thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
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jonty_11
07-05 03:39 PM
I dont think WE are bred to be competitive as u said....
if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.
I would call it unhealthy competition
if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.
I would call it unhealthy competition
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pappu
09-08 01:29 PM
*
Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.
Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.
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grajesh2000
05-02 10:32 AM
Count me in
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LONGGCQUE
05-12 04:16 PM
A friend at my workplace is current and is waiting .... I know atleast 3 cases at my workplace who are current in May bulletin and waiting
satyasaich
03-16 12:45 PM
expect an RFE in a month or two. Also fill in your profile to help others...
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
sukhyani
12-20 01:00 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.
Wonder what is the Governor's stance on legal immigration?
Do you know if he has a website? We can look for his position on different issues on his website too.
Wonder what is the Governor's stance on legal immigration?
Do you know if he has a website? We can look for his position on different issues on his website too.
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