princeusa2006
08-11 05:07 PM
Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.
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SEP03NY
12-20 12:07 PM
If someoe is on H1B then he converted to H4. Then He converted to H1B.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
He didnot leave(USA) the country any time. How his time calculated.
Thanks
rameshk75
02-12 03:40 PM
Thanks for the info.
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Eagle
12-01 09:21 PM
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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TwinkleM
02-17 10:19 PM
Still your I 140 info does not show up. Also, my pd is of april 2006. But I -140 not approved yet, pending since june 2006. Ur new update is only giving me a good hope.
suresh.emails
08-07 05:53 PM
Now the actual tension started to me.
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
more...
Madhuri
07-02 04:02 PM
Medicals 700 - family
Fedex - 42
Lawyer - 1800
Photos - 30
----------------
Total around 2700
Damage caused by stress - priceless
Fedex - 42
Lawyer - 1800
Photos - 30
----------------
Total around 2700
Damage caused by stress - priceless
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aachoo
02-23 07:41 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
-a
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franklin
04-14 01:42 PM
I bet a lot of people are praying very very hard for their greencards.
I would like to request them to invest in concrete steps. Give monetary support to IV. Form, or join, a local state chapter. Go meet a lawmaker or his staff. Call them up and talk to their staff. Pray only if you have done all or some of the above. As they say, God helps those who help themselves. Keep up your end of the bargain, and then ask God (of the Holy Flying Spaghetti Monster, or whatever) for help.
Hear Hear
Stop expecting someone else to get your results done! Pay - Join your state chapter - Volunteer! Stop whining about nothing happening and contribute in a tangible way to get something done!
I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.
I would like to request them to invest in concrete steps. Give monetary support to IV. Form, or join, a local state chapter. Go meet a lawmaker or his staff. Call them up and talk to their staff. Pray only if you have done all or some of the above. As they say, God helps those who help themselves. Keep up your end of the bargain, and then ask God (of the Holy Flying Spaghetti Monster, or whatever) for help.
Hear Hear
Stop expecting someone else to get your results done! Pay - Join your state chapter - Volunteer! Stop whining about nothing happening and contribute in a tangible way to get something done!
I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.
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ashshef
11-02 03:54 PM
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
The quarterly spillover is still a myth untill we see it happen one time. I don't recall a big movement in any quarter in the last few years.....except the last quarter of the year when they have done the annual spillover.
That said....I would obviously love to see a quarterly spillover as I think it might make my date current a few months earlier.
The quarterly spillover is still a myth untill we see it happen one time. I don't recall a big movement in any quarter in the last few years.....except the last quarter of the year when they have done the annual spillover.
That said....I would obviously love to see a quarterly spillover as I think it might make my date current a few months earlier.
more...
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] 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 -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] 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 -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
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jkays94
07-09 12:00 PM
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
CNN had a 30 second clip on it on "American Morning" on July 3rd.
Anyone captured it on video?
CNN had a 30 second clip on it on "American Morning" on July 3rd.
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tnite
06-26 02:30 PM
The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...
What are considered bad photos?
Anything that get's you a RFE is bad..
I got it from CVS and they look good.
What are considered bad photos?
Anything that get's you a RFE is bad..
I got it from CVS and they look good.
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inthehole
06-19 04:27 PM
Can you please send me a copy?. I will really appreciate it.
more...
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sam_hoosier
12-28 03:43 PM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
Not everyone who filed on July 2nd has the same receipt date.
Pls check your RD for when your 180 day period ends.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
Not everyone who filed on July 2nd has the same receipt date.
Pls check your RD for when your 180 day period ends.
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JalwaeJana
04-16 02:09 PM
Pls check the job description that was filed for perm labor if it has min reqt as Bachelors or is it flexible with Bachelors and/or Bachelors equivalent.
more...
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bkam
04-12 08:25 PM
Stucklabor,
As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.
If the amendments pass, forget for this idea.
As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.
If the amendments pass, forget for this idea.
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shree772000
10-26 08:15 PM
Maybe your I140 was withdrawn by the company A.
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chanduv23
11-16 03:10 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Ram_C
11-26 01:04 PM
received my FP notice on saturday, scheduled to attend local ASC on Nov' 30th
JazzByTheBay
09-20 04:00 PM
Received: by NSC on July 2nd
Transferred to CSC
Receipt Notice, EAD & AP issued by CSC: Receipt Date: July 2nd, Notice Date: Aug 29th
I-485 transferred back to NSC for processing: Notice received of transfer
No FP notice yet.
jazz
I think initially due to rush the NSC sent apps to CSC because either the person's residence was in CA or Lawyer, In my case my lawyer is based in LA, CA. But now CSC is trasferring back the 485 apps to NSC where the 140 is being filled (or may be there is some other criteria). I am waiting for the EAD and AP approvals and FP notice.
Transferred to CSC
Receipt Notice, EAD & AP issued by CSC: Receipt Date: July 2nd, Notice Date: Aug 29th
I-485 transferred back to NSC for processing: Notice received of transfer
No FP notice yet.
jazz
I think initially due to rush the NSC sent apps to CSC because either the person's residence was in CA or Lawyer, In my case my lawyer is based in LA, CA. But now CSC is trasferring back the 485 apps to NSC where the 140 is being filled (or may be there is some other criteria). I am waiting for the EAD and AP approvals and FP notice.