anilsal
12-20 11:45 PM
I know Carl Shusterman regularly posts on this forum:
http://britishexpats.com/forum/
Is he aware of IV?
http://britishexpats.com/forum/
Is he aware of IV?
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shana04
02-13 12:20 PM
My Attorney Says You will get 3 Year H1B Extension
Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.
I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
H1B Extension.
Shana Can you Please confirm with your Attorney again.
My exp, I did and I got only 2 yrs exp. As per attorney. Because I have already filed and got approved. you better consult with your attorney.
Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.
I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
H1B Extension.
Shana Can you Please confirm with your Attorney again.
My exp, I did and I got only 2 yrs exp. As per attorney. Because I have already filed and got approved. you better consult with your attorney.
SkilledWorker4GC
07-08 04:32 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
For a moment - lets look at our own community that is affected.
For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.
For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.
Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them
Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
For a moment - lets look at our own community that is affected.
For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.
For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.
Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them
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dummgelauft
12-23 11:54 AM
Try getting info from any other consulate...you will feel the same.... I used to feel the same until I dealt with UK / French /Italian consulates for tourist visa....it was as horrible...
I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.
There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
Now comes the part with the UK consulate, again, in Chicago.
I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.
The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".
So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.
I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.
There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
Now comes the part with the UK consulate, again, in Chicago.
I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.
The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".
So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.
more...
venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
Raju
07-17 08:59 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
more...
das0
12-18 09:24 AM
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
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kothari_rupesh
02-22 12:08 AM
FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
more...
ThinkTwice
09-21 02:21 PM
LOLL .. Pappu .. man are you funny or what ...
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
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kothari_rupesh
02-22 12:08 AM
FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
more...
roseball
06-26 03:24 PM
Guys,
I got mine done at samsclub..Its the cheapest and quality is good too.
You pay $4.99 for 2 copies and 40 cents for each additional copy...I dont think anybody else can beat this price.....
I got mine done at samsclub..Its the cheapest and quality is good too.
You pay $4.99 for 2 copies and 40 cents for each additional copy...I dont think anybody else can beat this price.....
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chanduv23
04-14 03:55 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
more...
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mbartosik
01-26 10:31 PM
The standard stuff line, I'd say is a frequent sign on foul intent.
If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.
If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.
You could even write your definition of "training" on the contract before signing it.
If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.
If there is foul intent then you don't want to be working for him anyway.
Maybe try speaking to any other employees on H or L visa by way of references.
If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.
If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.
You could even write your definition of "training" on the contract before signing it.
If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.
If there is foul intent then you don't want to be working for him anyway.
Maybe try speaking to any other employees on H or L visa by way of references.
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buddyinus
08-01 12:53 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
more...
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shana04
02-13 10:13 AM
Thanks Shana for AC21 Format!! Is there any way to find out LC information for RIR applications?? I know PERM LC info. is posted on foreign LC website.
through employer verification letter
through employer verification letter
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lordoftherings
07-17 12:13 PM
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
You are more SELFISH than anybody else and you lack farsight. You are the one just thinking about yourself only. What will happen to all those old guys whose labour is stuck in backlog centers. If they can't get to file this month, they have to wait for another 6 yrs before visas become available. What will happen to new filers who plan to file GC soon. They have to wait forever.
You are more SELFISH than anybody else and you lack farsight. You are the one just thinking about yourself only. What will happen to all those old guys whose labour is stuck in backlog centers. If they can't get to file this month, they have to wait for another 6 yrs before visas become available. What will happen to new filers who plan to file GC soon. They have to wait forever.
more...
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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.
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neverbefore
07-14 03:13 PM
When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, canceled by previous visas. I never asked them to withdraw my H1 application.
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
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vbkris77
11-30 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
rayoflight
04-13 05:51 PM
Great Job guys. I am proud to be part of IV.
desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
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