smuggymba
09-17 10:53 PM
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.
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kaisersose
12-17 10:16 AM
This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.
USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
krishna.ahd
02-08 11:12 AM
Thanks for your responses
I will check for Singapour Airlines deals.
Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.
Also as I understand AMSTREDAM does not require transit visa? is it true?
Do you have any tentative dates for travelling ?? How flexible the dates are ??
BTW - i am not an travel agent nor related to any travel agency
I will check for Singapour Airlines deals.
Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.
Also as I understand AMSTREDAM does not require transit visa? is it true?
Do you have any tentative dates for travelling ?? How flexible the dates are ??
BTW - i am not an travel agent nor related to any travel agency
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vin13
05-19 09:38 AM
That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.
I read a poem by V.Sundaram about our incompetent do nothing PM of India (
We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.
Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
I read a poem by V.Sundaram about our incompetent do nothing PM of India (
We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.
Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
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rogerdepena
08-01 10:47 PM
These are applications entered into the system on August 1st, not the ones received on August 1st.
i disagree, they usually put the date of receipt in there and not the encoded date.
i disagree, they usually put the date of receipt in there and not the encoded date.
ajju
02-24 09:00 PM
http://www.irs.gov/taxpros/article/0,,id=165705,00.html
This is what i found on the irs website - still havent decided whether to e-file or paper file
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
This is what i found on the irs website - still havent decided whether to e-file or paper file
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
more...
qualified_trash
06-09 10:34 AM
I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
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starving_dog
06-08 03:01 PM
Capitalism is the first American value.:D
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davehoover
06-27 08:36 AM
what is the Alien Registration Number (A#) for a person on H4, while submitting 485 forms?.
Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?
Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?
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viva
01-13 12:47 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
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ram04
05-23 10:36 AM
Re entry with new H1 in 2003 - will it not reset your prior record straight?
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
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prom2
10-25 05:26 PM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
Please let us know if you receive it. Good luck.
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suman
12-17 01:38 PM
Sorry I was away from my computer for a while.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
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sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
more...
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looivy
11-21 12:28 AM
Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
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vijay0101
04-07 05:28 PM
hi ggc,
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks
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surabhi
05-29 08:21 PM
I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
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eagerr2i
09-17 03:03 PM
IV is not against H1B as such. Majority of IV members are presently on H1B program.
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
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fromnaija
07-21 05:20 AM
Form AR-11 is also available for online filing. See below quote from the link you provided.
Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
ChainReaction
06-25 08:42 AM
My I140 is pending at Texas Service center ,so i will be mailing my 485 at the address stated @ TSC I140 receipt notice.
punjabi
07-31 02:56 PM
If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
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