GCard_Dream
01-31 01:09 PM
Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
wallpaper naruto vs sasuke shippuden
sush
10-02 08:21 PM
Service Center: Texas
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
gc_lover
06-25 03:02 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
You can always file new application on July 1st.
What are my options here? Does anyone has faced such a situation?
Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
You can always file new application on July 1st.
2011 naruto vs sasuke shippuden
Dhundhun
07-21 06:17 PM
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
For people from India, skin test is usually positive and x-ray normal. No one gets RFE for that.
Why they should give you RFE? Is there any hidden message, which I am unable to makeout from your post?
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
For people from India, skin test is usually positive and x-ray normal. No one gets RFE for that.
Why they should give you RFE? Is there any hidden message, which I am unable to makeout from your post?
more...
raj2007
02-18 10:32 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
flexi
04-04 01:55 PM
... for your help! Now, what do you guys think about getting paid until the end of June by the 1st employer (but at the same time starting to work inofficially i.e. observing only for the 2nd employer) and then going back to work for a couple of weeks for the 1st employer but staring to get paid by the 2nd so that it's fair for both? Would that be legal? If not, there really isn't a good way to deal with this since the new H1Bs are valid not before Oct (if i'd apply for 2 H1Bs), right? I obviously don't want to jeopardize my visa to make my old employer happy so don't want to do anything that's not completely OK in that regard....
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
more...
pasupuleti
09-25 05:08 PM
I got denied by discover credit card due to not having a green card.
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
2010 naruto vs sasuke shippuden gif. Naruto Shippuden Ova Naruto Vs Sasuke.
masouds
08-30 02:49 AM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
You sure you want to go there? People talk tough (use f word, b word and Samuel L. Jackson's favorite word a lot to create an impression of "Don't you mess with me I am one tough guy"
Is he bad with H1-B people only or everyone regardless of their race/background/favorite color/etc?
Before you do anything, consult with a lawyer. In most places, you can complain to your boss' boss, or to HR. But please do that after talking to a lawyer (labor law). In some environments it is normal to be like that.
having said that, have you tried to find out what his real problem is? (assuming he is a he. )
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
You sure you want to go there? People talk tough (use f word, b word and Samuel L. Jackson's favorite word a lot to create an impression of "Don't you mess with me I am one tough guy"
Is he bad with H1-B people only or everyone regardless of their race/background/favorite color/etc?
Before you do anything, consult with a lawyer. In most places, you can complain to your boss' boss, or to HR. But please do that after talking to a lawyer (labor law). In some environments it is normal to be like that.
having said that, have you tried to find out what his real problem is? (assuming he is a he. )
more...
dontcareaboutGC
03-19 11:24 AM
Ignore this if this is a repost!
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
hair naruto vs sasuke shippuden
maverick_s39
01-20 11:11 AM
looking at the recent trend i am not so sure if dems are going to do anything on CIR anyway, MA senate race is more like a referendum to president and congress policies, if president or dems think otherwise they are making a huge mistake, time to push aside health care reform and concentrate on economy and jobs, any immigration reform bill in this economy is not going to happen, i hope they do something to revive the economy!
more...
ramrrec
03-08 10:06 AM
Extremely sorry Prem for interrupting your thread.
Hi Ann Ruben,
I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
This thread is available in same category on this site.
Appreciate your quick response in advance!!
Thanks and regards
Ramrrec
Hi Ann Ruben,
I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
This thread is available in same category on this site.
Appreciate your quick response in advance!!
Thanks and regards
Ramrrec
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desitechie
07-13 07:54 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.
more...
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aamchimumbai
12-08 12:16 PM
Vik352,
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
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EdenMN
04-17 04:57 PM
seems like it's against H1s and not pro immigration policies.
If so please delete this thread people may by mistake sign it for this petion
If so please delete this thread people may by mistake sign it for this petion
more...
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r2i2009
09-20 09:30 PM
Confused ...i think GC stands for Great Confusion
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
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eager_immi
07-18 11:01 AM
Common guys!!!
more...
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haifromsk@yahoo.com
02-08 11:56 PM
GUYS please stop advicing her. Let her consult an attorney. Please do not lead
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
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sri1309
10-19 09:11 PM
immigration related only please.... imagine, I post related to a car, other did for which course is good, which school is good.. Lets stick to immigration issues for now.
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gjoe
10-05 11:07 AM
Are you a lawyer? :)
Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.
God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.
If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.
PS: Pardon my typos and spellings
Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.
God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.
If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.
PS: Pardon my typos and spellings
map_boiler
07-05 04:52 PM
If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.
However, I would check with an attorney to be on the safe side.
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
However, I would check with an attorney to be on the safe side.
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
pan123
09-17 03:30 PM
Folks,
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
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