Jimi_Hendrix
12-29 12:56 AM
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.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
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.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
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saimrathi
07-10 01:16 PM
This is an awesome find... We desperately need to contact Michael Moore for our cause...
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
logiclife
12-13 03:29 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
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nrk
10-31 09:22 AM
When you make a call to the call center and find out some details which they don't know, they will open a service request for you. Some one apart from the call center people will reply to that service request. You will be receiving a response in mail.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
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MerciesOfInjustices
02-20 09:02 PM
Mercies.... if your answer is still not answered than please call QGA and find out about us. Before spending so much time writing this post if you had gone to the resources, you would have got some questions answered.
The only reason to create this thread is to
(a) find if this guy is making any sense at all
(b) to alert you to all that some people are talking about
(c) get straight forward answers
Do not start jumping on me now!
You guys are doing a great job - but the stated goal of funds is at 15% collected so far! More people are needed, unless you have won a lottery and can spare rest of the cash right away!
That know-all who is telling people to go hide in their blankets is scaring more people than any stupid reproduced posts will do!
Please somebody needs to counter this guy at the other site!
The only reason to create this thread is to
(a) find if this guy is making any sense at all
(b) to alert you to all that some people are talking about
(c) get straight forward answers
Do not start jumping on me now!
You guys are doing a great job - but the stated goal of funds is at 15% collected so far! More people are needed, unless you have won a lottery and can spare rest of the cash right away!
That know-all who is telling people to go hide in their blankets is scaring more people than any stupid reproduced posts will do!
Please somebody needs to counter this guy at the other site!
logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
more...
rangaswamy
07-02 04:54 PM
Company is paying about 5200 for filing and attorney fees and i paid about 380 for medical
25 for passport photos
plus atleast 30 man hours for filling forms and collecting documents.
25 for passport photos
plus atleast 30 man hours for filling forms and collecting documents.
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Libra
01-12 03:34 PM
please send letters and vote here.
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dante1271
08-27 09:51 PM
thank you for the effort of finding me a sponsor...:)
There are thousands of IV members in CA. Please book your tickets now. Yes, it is thousands of miles to DC and on a work day too but as I said we have one chance to voice our concerns. We are not going to get another chance like this anytime soon. It looks like we might have to fly in a few hundred people because DC appears to be sleeping.
Come on California. Submit your vacation requests now. Book your tickets. Fly on Monday night and fly back on Tuesday night if need be. There are a few people already doing this. Make your contribution. Act now.
There are thousands of IV members in CA. Please book your tickets now. Yes, it is thousands of miles to DC and on a work day too but as I said we have one chance to voice our concerns. We are not going to get another chance like this anytime soon. It looks like we might have to fly in a few hundred people because DC appears to be sleeping.
Come on California. Submit your vacation requests now. Book your tickets. Fly on Monday night and fly back on Tuesday night if need be. There are a few people already doing this. Make your contribution. Act now.
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ruchigup
08-07 12:44 PM
Per my last talk 2 weeks back with CSR and IO, NC is pending and application is not assigned to IO
See my signature below.
See my signature below.
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BornConfused
07-03 10:29 AM
I thought to but now don't want to comment on your posting because you were already born confused:D
But you still commented:p and I know it's because now you want to be my friend so I can take you there with me. Get your dollar bills ready!!:D
I'm making fun of the situation, but when all is said and done I am so frustrated with this whole thing. Sometimes I wonder if I would have done better somewhere else although, except for this whole GC deal, I do like where I am. I just wonder if my life would have been better in a different way though. Am I the only one who sometimes wonders about this?
But you still commented:p and I know it's because now you want to be my friend so I can take you there with me. Get your dollar bills ready!!:D
I'm making fun of the situation, but when all is said and done I am so frustrated with this whole thing. Sometimes I wonder if I would have done better somewhere else although, except for this whole GC deal, I do like where I am. I just wonder if my life would have been better in a different way though. Am I the only one who sometimes wonders about this?
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chanduv23
08-12 08:52 AM
My Job duties on labor says
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
more...
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ragz4u
03-16 10:42 AM
We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
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anu_t
08-22 01:58 PM
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
more...
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cheg
08-22 06:44 PM
Hi JunRN. After reading your post I googled if labor certification does have an expiration. According to: http://www.hooyou.com/lc/faq.html , it doesn't. Did you have to re-apply for yours? Thanks!
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
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04-01 05:19 PM
Sent fax.
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CADude
05-29 04:58 PM
We have to send BIG "THANK YOU" card who wrote this bill..:cool: It has written by NumberOne or Far Left Democrats or What?? Some one is smoking crack/pipe when writing :)
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
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meridiani.planum
12-19 11:28 AM
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
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shreekhand
04-14 08:14 PM
Now, it is certainly ridiculous for you and your spouse to renew your drivers license's every 6 months...
That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...
Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...
Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
roseball
05-25 03:47 PM
When your H1 is ready to be approved, just go back to Canada, get it stamped and enter US using your H1 visa (I-94 should have H-1 stamp)...Thats it, then you are all set...Even after entering on AP, you can continue to work on H-1 if you are still working for the same employer....No need to re-start/re-apply anything...Your EAD/AP will all be still valid but you will be in H-1 status...You can just keep renewing them...The only thing is when you get married and bring your spouse on H-4, you wont be able to file for her 485/EAD/AP till your PD is current again...
venkygct
09-08 01:33 PM
^^^^^
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