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english_august
07-09 11:13 AM
I guess I saw a mistake on the writing....
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
Thanks arumalla. I will fix it right away.
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
Thanks arumalla. I will fix it right away.
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vkrishn
08-20 03:17 PM
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
blackberry
08-27 09:52 AM
Bump..
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mirage
03-10 12:54 PM
I will request you 'Not to turn this into a EB-3/Eb-2' fight, as everybody is suffering, we are on this forum itself means all of have an issue...It's just that for some people it could be a wait for another 3-4 years but for others it could be a wait for 20 years....if Congress doesn't make any change to the existing laws...But what people are fearing in this climate if we go and tell the congress that we are in a 20 year wait, instead of doing any good they can harm us more. Now, how much you want to take that risk is the question. In my opinion I don't see that kind of risk, with the kind of things we are asking, but some people see that risk, it's their way of thinking...
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
more...
arindamb
10-08 06:55 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
gc4me
07-29 11:44 AM
Why did you file EAD? Waste of money. You will be getting your GC anytime. EB2 ROW is curent.
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
more...
priti8888
10-08 03:55 PM
There is no FIFO in current system. There NEVER WILL BE as long as so-called Chargeability areas ( country quotas) exist. Mark my words, we may at best get the quota extended to 10% (if STRIVE or something similar passes), but the quotas are here to stay. Guy from a so-called ROW country will always get his GC ahead of you.
Have you read about 'Alternate Charegeability'? Read about it in Mathew Oh's website. It means a guy/gal from India can marry a Sri Lankan or Pakistani and use his/her country as chargeability! A person is getting ahead of others by marrying outside your country! What's your brilliant idea to stop that. I can already see some guys posting 'IV should make banning marriage outside the chargeability their Top #1 agenda, as people use it to cut the line'
What you guys really mean by FIFO here is ' a guy/gal from my country who applied after me, who cannot use alternate chargeability or marry an American citizen to cut the line, should not get GC before me'! ( FBI name check , EB1/2/3 etc. be damned)
Did I get you correctly?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
Have you read about 'Alternate Charegeability'? Read about it in Mathew Oh's website. It means a guy/gal from India can marry a Sri Lankan or Pakistani and use his/her country as chargeability! A person is getting ahead of others by marrying outside your country! What's your brilliant idea to stop that. I can already see some guys posting 'IV should make banning marriage outside the chargeability their Top #1 agenda, as people use it to cut the line'
What you guys really mean by FIFO here is ' a guy/gal from my country who applied after me, who cannot use alternate chargeability or marry an American citizen to cut the line, should not get GC before me'! ( FBI name check , EB1/2/3 etc. be damned)
Did I get you correctly?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
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amitjoey
11-17 05:33 PM
Posted on the Northern California chapter.
Chapter leaders- Please post on your chapter groups.
If you know your state chapter leaders, please ask them to post on the yahoo groups.
Chapter leaders- Please post on your chapter groups.
If you know your state chapter leaders, please ask them to post on the yahoo groups.
more...
svgupta
05-23 12:38 PM
California senators :
Barbara Boxer http://boxer.senate.gov/contact/email/policy.cfm
Diane Fienstien http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.Emailme
Send email to the California senators as well!
Barbara Boxer http://boxer.senate.gov/contact/email/policy.cfm
Diane Fienstien http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.Emailme
Send email to the California senators as well!
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americandesi
12-16 02:53 PM
See Just take a trip to Brooklyn, NY
You will see lots of souls in a such condition, you will start feeling better.
You're right. Watch the following video on homeless people and you will realize that our problems are nothing compared to what these people are going through
http://www.youtube.com/watch?v=2tr_nqvCzqo
You will see lots of souls in a such condition, you will start feeling better.
You're right. Watch the following video on homeless people and you will realize that our problems are nothing compared to what these people are going through
http://www.youtube.com/watch?v=2tr_nqvCzqo
more...
anilnag
05-02 11:40 AM
Who did not even know about IV till Apr 2007 are talking here.
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
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shukla77
05-23 12:36 PM
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sayonara
08-20 04:18 PM
Thanks for ur response. Whats the number to call?
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CADude
10-12 03:24 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
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blackberry
08-27 09:52 AM
Bump..
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lasvegas
02-06 06:35 PM
I guess, this goes mostly on " intent " basis, they probably don't need a law for this. The word "Permanent resident" itself sets forth its meaning - ie. one is intending to permanently reside in a given country. If you apply for more than one, i think they can question the intent and ask us to choose one because one can not " permanently " reside in more than one place.
2 cents.
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
2 cents.
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
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lost_in_migration
05-01 04:36 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
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acecupid
07-03 02:00 PM
http://www.yorkflowers.com/cgi-bin/yorkitem-dba.cgi/C39-2942
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chand11
08-22 10:30 AM
Here is the details:
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
desi3933
07-10 11:55 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
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