qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
wallpaper paranormal, people, weird
GCaspirations
10-04 03:51 PM
Did anyone transferred from NSC to CSC and back got FP notice?
http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer
http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer
sanju
09-09 10:50 AM
My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
2011 Funny
eb3retro
04-16 01:04 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
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Dipika
01-12 02:29 PM
If preganent before starting insurance, then you won't get covered by most insurance comapny.
In this case Hospital charge very high for delivery.
But certain hospital provides package, like $3500 for Noraml Delivery and 2 days stay with including every month visiting doctor for checkup. if C-section then pay $1000 more to pay etc. I had pass throgh this for my first kid, but i'm living in NJ.
If Insurance is started b4 preganency then it will get covered.
In this case Hospital charge very high for delivery.
But certain hospital provides package, like $3500 for Noraml Delivery and 2 days stay with including every month visiting doctor for checkup. if C-section then pay $1000 more to pay etc. I had pass throgh this for my first kid, but i'm living in NJ.
If Insurance is started b4 preganency then it will get covered.
chanukya
05-30 09:57 PM
Voted just now--Aye
more...
sanagani
10-02 10:54 PM
I am still waiting for FP notice, i got my EAD/AP/RD, for both of us.
It was filed @ NSC on July 2nd, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.
It was filed @ NSC on July 2nd, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.
2010 Hilarious
vinoddas
09-26 06:24 PM
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
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Guig0
02-07 01:36 PM
:-\
hair Twitter FAIL Hilarious Pics
smisachu
08-08 12:44 PM
I am not sure you have to stick around for 6months or even 1 month. It is not specified anywhere. If the employer does not inform USCIS you are pretty much off the hook. Since we have GC now we dont have to tell USCIS or any one what we do. We can switch jobs/career paths and if the employer dosen't inform USCIS how will they know?
As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.
After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.
After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
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amitps
10-11 10:11 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Did you attend the rally?
Did you attend the rally?
hot Women, weird gallery funny
H4_losing_hope
02-19 11:02 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
I agree with you, thanks for your post.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
I agree with you, thanks for your post.
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house Tags: amazing, faces, funny,
Oblique
02-02 06:39 PM
All I can say is wow.. All those were great but I think kax takes the gold on this one.. Very nice job everybody! :P
tattoo lol you guys are weird.
saurav_4096
01-04 02:59 PM
wow...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
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pictures Videos Related To #39;very Funny
Soul
02-02 06:07 PM
Oooo excitin'!.... :bounce:
So whats the final date Eilsoe? When the winner is announced I mean...
- Soul :goatee:
So whats the final date Eilsoe? When the winner is announced I mean...
- Soul :goatee:
dresses Collection of Funny, Weird
BharatPremi
11-06 04:29 PM
That was a good account for those who haven't been to an Infopass. The procedure is near about the same where I usually go too.
I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.
As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).
So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:
Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.
Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.
I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.
As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).
So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:
Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.
Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.
more...
makeup Interesting funny prank in a
chanduv23
10-10 02:39 PM
Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?
High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.
Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).
Yes, and providing "Skilled Labor" is basically a value added service. Another poster Sanju got it right "Issue is not with body shops or companies, issue is within the thought process of these politicians - what they are trying to achieve"
High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.
Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).
Yes, and providing "Skilled Labor" is basically a value added service. Another poster Sanju got it right "Issue is not with body shops or companies, issue is within the thought process of these politicians - what they are trying to achieve"
girlfriend all those weird and funny
trump_gc
03-21 02:15 PM
I am from NJ and will meet the lawmakers,,
hairstyles funny Vice Ganda recent tweet
H1BLegal95
12-13 05:19 PM
I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.
gcgreen
08-15 12:53 PM
To my knowledge, bench non-pay violates H1B rules. If you are on H1B you are required to draw a salary every month.
I do not know if bench non-pay violates AOS pending status.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
I do not know if bench non-pay violates AOS pending status.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.
orangutan
11-18 04:50 PM
pkak,
I am curious, can you explain why you think housing crisis is because of not issueing green cards?
I want to know your theory
As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
I am curious, can you explain why you think housing crisis is because of not issueing green cards?
I want to know your theory
As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
