mohitb272
03-20 06:25 PM
Anyone???
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pbojja
10-13 02:01 PM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?
If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.
This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?
If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.
ivar
09-10 05:13 PM
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
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visves
12-20 12:03 PM
I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
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payur
03-10 07:37 AM
I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
mzdial
March 20th, 2004, 11:43 PM
Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..
-- Matt
-- Matt
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PD073102VA
05-21 06:45 PM
Yes, you will be allowed to get one year extensions if your labor certification was filed before the start of your sixth year. But still you need to get clarfication from an attorney. I talked to one and she told me that since mine was filed RIR and passed the state stage and I was safe but if you filed in Non-RIR and no recruiting has been done then you may not be safe.
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admin
01-05 09:49 AM
techy,
Point well taken. We will try to provide as much transparency as possible. But at the same time we need to make sure that we don't give away too much information to the opponents or give away the privacy of the contributors. So we will come up with a way to achieve this. The screenshot looks like a good idea. We will work on it right away.
Point well taken. We will try to provide as much transparency as possible. But at the same time we need to make sure that we don't give away too much information to the opponents or give away the privacy of the contributors. So we will come up with a way to achieve this. The screenshot looks like a good idea. We will work on it right away.
more...
gsthantry
03-21 08:53 PM
anyone interested in meeting House representatives in Dallas, Texas. Please e-mail gsthantry@yahoo.com
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go_getter007
12-20 12:23 PM
Given her passport is stamped, she can re-enter the US with her H4. No need for AP. It doesn't matter if her visa expires in early Jan.
GG_007
Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.
Thanks in advance
GG_007
Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.
Thanks in advance
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ag11
09-04 04:14 PM
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
Same exact case. Just give as much detailed info as you can. Do not leave any room for any ambiguity that would confuse USCIS. Remember it is only high school level staff that is accessing your case. So they don't go by logic. Dum it down to their level. Worst case according to my lawyer is that they may give a restrictive judgement for only for the period of contract or come up with an additional RFE with more details on the additional vendor.
Please make sure your response is as comprehensive as possible. I just went through this and am waiting for a reply.
In any case, it is always good to be prepared for the worst case scenario. Just remember that we are very qualified and smart professionals and will continue to make progress no matter where we go
Same exact case. Just give as much detailed info as you can. Do not leave any room for any ambiguity that would confuse USCIS. Remember it is only high school level staff that is accessing your case. So they don't go by logic. Dum it down to their level. Worst case according to my lawyer is that they may give a restrictive judgement for only for the period of contract or come up with an additional RFE with more details on the additional vendor.
Please make sure your response is as comprehensive as possible. I just went through this and am waiting for a reply.
In any case, it is always good to be prepared for the worst case scenario. Just remember that we are very qualified and smart professionals and will continue to make progress no matter where we go
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pady
08-28 11:45 AM
Hi, I got the Email response for my SR as follows. Not sure if this is a Standard Responde. throw your inputs.
==================================
The status of this service request is:
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
==================================
The status of this service request is:
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
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pappu
12-23 12:37 AM
REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
Thanks Anurakt.
Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.
Thanks Anurakt.
Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.
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msgoud
03-09 11:30 AM
new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
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mirage
03-14 10:22 AM
I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
Please don't dilute the admin fix effort by starting another letter campaign.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
Please don't dilute the admin fix effort by starting another letter campaign.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
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seeniraj
10-15 10:32 PM
Whats the reason for the denial ?
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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.
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indyanguy
08-07 09:17 AM
sometimes, labor subs can be genuine cases as well....
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H1B2GC
09-30 09:37 PM
The H1B transfer should be ok based on the fact this person is with in 6 years. If the transfer is after 6 years based on either LC pending or LC and I-140 approved. The same should hold good for the transfer.
This will not affect the greencard process even if USCIS finds this person changed jobs using H1B. The greencard is filed for future permanent job. According to USCIS, the term permanent means FOREVER. They can revoke the approved greencard if you change jobs immediately after approval.
If you indend to change jobs use AC21 before greencard approval or wait for a year after the greencard approval.
This will not affect the greencard process even if USCIS finds this person changed jobs using H1B. The greencard is filed for future permanent job. According to USCIS, the term permanent means FOREVER. They can revoke the approved greencard if you change jobs immediately after approval.
If you indend to change jobs use AC21 before greencard approval or wait for a year after the greencard approval.
desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
alterego
03-02 11:15 AM
The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
Hmm, something surely to ponder for this country.
Hmm, something surely to ponder for this country.
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