jonty_11
06-04 06:25 PM
only reason USCIS can afford to do it is becoz they are not accountable (As we are not a vote bank)...
But with IV on our side, we can make them streamline their procedures and work efficiently - whcih has never been a priority.
But with IV on our side, we can make them streamline their procedures and work efficiently - whcih has never been a priority.
wallpaper Frankie Sandford has blasted
pd_recapturing
04-10 11:15 AM
Sanbaj, Is there any update regarding your case ?
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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Berkeleybee
03-10 12:41 PM
Sbdol,
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
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gc28262
07-29 01:44 PM
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.
It is such a shame that this country covers up racism with "diversity" in this 21st century.
Moreover skill has nothing to do with country of birth(EB category).
Diversity:
Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.
It is such a shame that this country covers up racism with "diversity" in this 21st century.
Moreover skill has nothing to do with country of birth(EB category).
Diversity:
Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?
Winner
06-17 11:01 AM
My wife had to go to Canada to get her H1B revalidated before she travelled to India. At that time, we could get an appointment in Chennai consulate only after two months, but she had to travel sooner than that. We had to spend around $1500 for airfare/lodging and other expenses to just to get the stamping.
Also, the lost wages for 3 days.
If this process is really beneficial to USA in terms of security etc, we certainly have to do this, but I don�t see why the same procedure can be done inside USA instead of travelling to a foreign country.
Also, the lost wages for 3 days.
If this process is really beneficial to USA in terms of security etc, we certainly have to do this, but I don�t see why the same procedure can be done inside USA instead of travelling to a foreign country.
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GCAmigo
12-21 07:55 AM
I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...
2010 frankie sandford short hair.
GCBy3000
01-02 11:41 AM
1. Find an employer who is willing to H1 sponsorship.
2. The filing data starts by April 1st I beleive. Check with attorney.
3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.
Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
2. The filing data starts by April 1st I beleive. Check with attorney.
3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.
Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
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beppenyc
03-16 04:07 PM
I have just read it.
Did you read the Tancredo send a letter to the SJC to warn them?
Did you read the Tancredo send a letter to the SJC to warn them?
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theperm
01-04 01:30 PM
this is a really funny thread :) no offense meant to "ur friend with 2 wives" I sympathise with him totally :) specially the comment about 2 mom-in-laws hahahah :):D
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Siboo
07-27 06:39 PM
This thread jokes make me laugh for a while .. friends we need to add all these jokes on a seperate off topic thread to enjoy and laugh when needed !! :D :D :D ..
Also change the website address to immigrationjokes.org :D :D :D
Also change the website address to immigrationjokes.org :D :D :D
hot Frankie Sandford
sobers
02-21 09:33 AM
Guys,
I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.
Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!
I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.
Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!
more...
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prabasiodia
08-09 05:24 PM
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
tattoo Frankie Sandford | Ask.com
krishnam70
07-08 01:12 PM
ANALYSE YOUR ANSWER YOU MAKE MY POINTS VERY VALID
NO SELF RESPECT
WHITE KISS ARCE ...
SUBMISSIVE U NEED A WHITE MASTER ...
AND TO ACHIEVE YOUR GOALS YOU RESOLRT TO THE MAN WITH THE DHOTI ...GANDHIGIRI...
GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT
Thats one hell of an accusation 'hopeful'.
If you believe in what you said then you would not be in this forum. Why are you in this country?
1. If you said you came here for your Master's and then found and job and applied for GC and been stuck there and now realized that this process stinks and decided to go back its fine by me, then you have no place here.
2. If you said you came here after your education on work visa and then applied for GC and stuck here and now realized that this process stinks and decided to go back its fine by me, then you have no place here
3. If you feel superior to all the folks who are in this forum then you have no place here.
4. If you think working for some company as a FT employee makes you qualified,oh btw i dont care if its a Fortune 10 company, been there done that, then you have no reason to be here. After all you think you are priveleged and superior to other folks in here.
5. Whats this superiority of being a FT employee over Contractor? I have been in this country now for over 10 yrs and worked as FT employee and Contractor. I dont see anything special in being a FT employee over a contractor. Just because you became a FT employee does not mean the company thinks you are the most perfect person to be their employee, it means you fit in their budget and they want to milk you services, so you become a 'one client wonder'. Contractor on the other hand gets paid more, gets to work on different projects . There is some uncertaininty due to job changes etc but if we are tracking it right its works well, in my last 4 yrs of contracting never been out of job.
6. What I have seen by the way you bash others in this thread shows that you somehow think you are superior to others(which is okay if you keep it to yourself). Pardon me for saying this, you are stepping over the line. Few days ago there was a thread where one guy got banned due to some stupid comments like you about fake degrees, fake resumes and that he was somehow more deserving of the GC than the others.
when you are in a public forum conduct yourself with dignity and try to help others and get help and not try to push your convoluted ideas and come across as a jerk. Staying in this country means many things to different people and does not constitute to not loving our home countries in anyway
I am sorry I must say its you who has to think before you open your trap dude..
NO SELF RESPECT
WHITE KISS ARCE ...
SUBMISSIVE U NEED A WHITE MASTER ...
AND TO ACHIEVE YOUR GOALS YOU RESOLRT TO THE MAN WITH THE DHOTI ...GANDHIGIRI...
GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT
Thats one hell of an accusation 'hopeful'.
If you believe in what you said then you would not be in this forum. Why are you in this country?
1. If you said you came here for your Master's and then found and job and applied for GC and been stuck there and now realized that this process stinks and decided to go back its fine by me, then you have no place here.
2. If you said you came here after your education on work visa and then applied for GC and stuck here and now realized that this process stinks and decided to go back its fine by me, then you have no place here
3. If you feel superior to all the folks who are in this forum then you have no place here.
4. If you think working for some company as a FT employee makes you qualified,oh btw i dont care if its a Fortune 10 company, been there done that, then you have no reason to be here. After all you think you are priveleged and superior to other folks in here.
5. Whats this superiority of being a FT employee over Contractor? I have been in this country now for over 10 yrs and worked as FT employee and Contractor. I dont see anything special in being a FT employee over a contractor. Just because you became a FT employee does not mean the company thinks you are the most perfect person to be their employee, it means you fit in their budget and they want to milk you services, so you become a 'one client wonder'. Contractor on the other hand gets paid more, gets to work on different projects . There is some uncertaininty due to job changes etc but if we are tracking it right its works well, in my last 4 yrs of contracting never been out of job.
6. What I have seen by the way you bash others in this thread shows that you somehow think you are superior to others(which is okay if you keep it to yourself). Pardon me for saying this, you are stepping over the line. Few days ago there was a thread where one guy got banned due to some stupid comments like you about fake degrees, fake resumes and that he was somehow more deserving of the GC than the others.
when you are in a public forum conduct yourself with dignity and try to help others and get help and not try to push your convoluted ideas and come across as a jerk. Staying in this country means many things to different people and does not constitute to not loving our home countries in anyway
I am sorry I must say its you who has to think before you open your trap dude..
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Daisy
01-07 01:14 AM
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
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whitecollarslave
02-12 06:41 PM
He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
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makeup Frankie Sandford Hairstyles
isantem
07-29 01:20 PM
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
girlfriend Frankie Sandford Hair
missourian
05-29 05:22 PM
Sorry if this is a stupid question, I am a new member
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
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sina
12-20 12:57 PM
If someone has already spent 6 years on H1B can he/she convert to H4 status?
dtekkedil
07-06 03:34 PM
Yes!
Libra
07-08 11:19 AM
NBC news is old one on youtube and i rated 5 stars, but i think green card(other one) is new and awesome. rated 5 stars.
http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1
I loved it. If I am right, this is posted by an IV core team member.
http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1
I loved it. If I am right, this is posted by an IV core team member.
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