sprajulu
08-05 11:11 PM
Friends
Category:- EB2
Nationality:- India
PD:- December/2004
I140:- RD May-10-2007/Approved on Dec-21-2007
I485:-Applied Aug 13-2007
Category:- EB2
Nationality:- India
PD:- December/2004
I140:- RD May-10-2007/Approved on Dec-21-2007
I485:-Applied Aug 13-2007
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gcphul
09-21 02:46 PM
http://www.aila.org/content/default.aspx?docid=23290
msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (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-Family category) and (b-Employment category) 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�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (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-Family category) and (b-Employment category) 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�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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anilsal
12-24 11:57 PM
seem to be like the three classes in railways in Asia. First (EB1), Second (EB2) and Third (EB3). So unfortunate. :(
more...
makemygc
07-27 12:55 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Why do you keep calling them everyday? What is the urgency of getting receipts?
Hope this helps
Thanks
Why do you keep calling them everyday? What is the urgency of getting receipts?
GCInThisLife
07-19 02:43 PM
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
more...
sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
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piperwarrior
08-16 01:37 PM
I work with corporate lawyers everyday, and yes they are very smart. However, immigration lawyers are the bottom of the barrel.
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
more...
nlssubbu
05-12 12:04 PM
- How has greencard changed your life after receiving it?
GC arrival does change the life little bit. My frequent anxiety regarding various renewals like EAD, AP, H1/H4 vanished along with the tons of documentation that I have to do for those. I was struck to my current job during this process and continued the same way even after GC, but I am about change that soon. GC now provides me the ability to compete with others in the open market and provide me the confidence.
- What did you do on the day you received it?
I just went to the Temple and thank God for finally receiving it during my life time!
- How did the long wait upset your life?
More than me, it upsets my wife a lot. This does take a toll on her as she is confined to home and occasional voluntary services. She is now vigorously pursuing for a job in this down market and finding it difficult to compete with others, who have recent US job experience.
- How did immigrationvoice help you during this long wait?
IV helped to be better informed about various processes, procedures. This also helped me to deal with the attorneys directly by-passing the paralegals, who have little knowledge and to get the attorney�s much needed attention to my cases.
- Would you like to continue your support to immigration voice and help others waiting?
Yes. I do visit the forum from time to time and provide my experience and get updated with the changing rules, regulations and the visa status.
- Any advice for everyone?
As we are the people in no man�s land, I would suggest every one to be united to support the noble and good cause to revamp this system. I was driven away by the infighting and bickering and do not understand what benefits that is going to provide. Though I understand the pain, frustration and agony for the uncertain wait for this process, I would like to remind everyone that this is the time where we may need to be more united and welcome others instead of fighting among ourselves.
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
- I did updated
Thanks
GC arrival does change the life little bit. My frequent anxiety regarding various renewals like EAD, AP, H1/H4 vanished along with the tons of documentation that I have to do for those. I was struck to my current job during this process and continued the same way even after GC, but I am about change that soon. GC now provides me the ability to compete with others in the open market and provide me the confidence.
- What did you do on the day you received it?
I just went to the Temple and thank God for finally receiving it during my life time!
- How did the long wait upset your life?
More than me, it upsets my wife a lot. This does take a toll on her as she is confined to home and occasional voluntary services. She is now vigorously pursuing for a job in this down market and finding it difficult to compete with others, who have recent US job experience.
- How did immigrationvoice help you during this long wait?
IV helped to be better informed about various processes, procedures. This also helped me to deal with the attorneys directly by-passing the paralegals, who have little knowledge and to get the attorney�s much needed attention to my cases.
- Would you like to continue your support to immigration voice and help others waiting?
Yes. I do visit the forum from time to time and provide my experience and get updated with the changing rules, regulations and the visa status.
- Any advice for everyone?
As we are the people in no man�s land, I would suggest every one to be united to support the noble and good cause to revamp this system. I was driven away by the infighting and bickering and do not understand what benefits that is going to provide. Though I understand the pain, frustration and agony for the uncertain wait for this process, I would like to remind everyone that this is the time where we may need to be more united and welcome others instead of fighting among ourselves.
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
- I did updated
Thanks
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eilsoe
02-16 06:10 PM
voting ended, thread died :-\
what gives??
oh, Soul, thx for the battle ;)
it was scary in the end...
what gives??
oh, Soul, thx for the battle ;)
it was scary in the end...
more...
eilsoe
02-05 12:56 AM
right :)
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akp
07-02 04:44 PM
medical: $400 + waiting to hear from insurance if covered for tests and x-rays
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
more...
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smuggymba
05-12 03:28 PM
DREAM Act Loses Republican Cosponsor Richard Lugar
WASHINGTON -- Senate Democrats reintroduced the DREAM Act on Wednesday without the co-sponsorship of Sen. Richard Lugar (R-Ind.), who had previously been one of the bill's strongest backers.
The legislation would allow some undocumented young people to become U.S. citizens and has been introduced repeatedly over the years with Lugar and Sen. Dick Durbin (D-Ill.) as the cosponsors. The most recent vote on the DREAM Act was in December, when it fell five votes short of bypassing a filibuster. Lugar was one of just three Republicans to vote for the measure.
In a statement, Lugar spokesman Mark Helmke blamed Democrats for turning immigration into a partisan issue.
"President Obama's appearance in Texas framed immigration as a divisive election issue instead of attempting a legitimate debate on comprehensive reform," wrote Helmke. "Ridiculing Republicans was clearly a partisan push that effectively stops a productive discussion about comprehensive immigration reform and the DREAM Act before the 2012 election."
In his Tuesday speech at the Mexico-U.S. border, Obama pointed the finger at Republicans for moving the goal posts on immigration reform. The president argued that his administration has gone out of its way to accommodate their requests.
"Maybe they'll say we need a moat. Or alligators in the moat," Obama joked, referring to the GOP. "They'll never be satisfied. And I understand that. That's politics."
Helmke said Lugar's staff told Democrats that the Indiana senator supported the initiative, but he wanted them to work on getting more Republican support. Lugar's spokesman claims that not only did Democrats not do that, but they set up a press conference to announce the reintroduction of the DREAM Act before the Lugar had made his final decision not to cosponsor. Democrats, however, said that it was clear for months that Indiana Republican wasn't going to cosponsor the bill at this time.
WASHINGTON -- Senate Democrats reintroduced the DREAM Act on Wednesday without the co-sponsorship of Sen. Richard Lugar (R-Ind.), who had previously been one of the bill's strongest backers.
The legislation would allow some undocumented young people to become U.S. citizens and has been introduced repeatedly over the years with Lugar and Sen. Dick Durbin (D-Ill.) as the cosponsors. The most recent vote on the DREAM Act was in December, when it fell five votes short of bypassing a filibuster. Lugar was one of just three Republicans to vote for the measure.
In a statement, Lugar spokesman Mark Helmke blamed Democrats for turning immigration into a partisan issue.
"President Obama's appearance in Texas framed immigration as a divisive election issue instead of attempting a legitimate debate on comprehensive reform," wrote Helmke. "Ridiculing Republicans was clearly a partisan push that effectively stops a productive discussion about comprehensive immigration reform and the DREAM Act before the 2012 election."
In his Tuesday speech at the Mexico-U.S. border, Obama pointed the finger at Republicans for moving the goal posts on immigration reform. The president argued that his administration has gone out of its way to accommodate their requests.
"Maybe they'll say we need a moat. Or alligators in the moat," Obama joked, referring to the GOP. "They'll never be satisfied. And I understand that. That's politics."
Helmke said Lugar's staff told Democrats that the Indiana senator supported the initiative, but he wanted them to work on getting more Republican support. Lugar's spokesman claims that not only did Democrats not do that, but they set up a press conference to announce the reintroduction of the DREAM Act before the Lugar had made his final decision not to cosponsor. Democrats, however, said that it was clear for months that Indiana Republican wasn't going to cosponsor the bill at this time.
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desidude
06-19 01:48 PM
Akhil,
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
more...
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whattodo
07-19 04:45 PM
Desi, Do you have some .gov site that mentions this? These site are unreliable and I am sure USCIS will not entertain these as reply to any RFE.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
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bbct
05-30 12:22 PM
Voted - YES
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rockstart
03-17 09:02 AM
What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?
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EBX-Man
05-11 03:57 PM
Ahhh !!!! the junior members come out of the wood work with enthusiasm and fire. let us see how long this lasts !!!!, Only untIl the next VB I would assume
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guyfromsg
07-16 11:05 PM
expecting only to get EAD/AP near term and prepared to wait few years. I have PD of 2005 and don't mind waitin if I get EAD/AP benefits for myself and spouse.
gdhiren
08-28 03:08 PM
Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
SkilledWorker4GC
07-08 12:34 PM
This is a "do nothing" congress. They dont care about immigration reforms as this doesnt have immediate affects. Frankly i have no hope. Nothing is going to happen till summer of next year.
