dvb123
02-15 02:25 PM
1) The per country limit for countries is 7% and for dependency is 2% . The FAM manual lists dependencies. Greenland is listed as a dependency. Greenland became an integral part of the Kingdom of Denmark in 1953.
FAM Manual
http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg
2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies
Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)
Andaman and Nicobar Islands
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
http://india.gov.in/knowindia/union_territories.php
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/United_...ng_Territories
3)
22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex
(f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.
http://cfr.vlex.com/vid/40-1-definitions-19720333
FAM Manual
http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg
2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies
Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)
Andaman and Nicobar Islands
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
http://india.gov.in/knowindia/union_territories.php
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/United_...ng_Territories
3)
22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex
(f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.
http://cfr.vlex.com/vid/40-1-definitions-19720333
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overseas
10-06 09:29 PM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
bank_king2003
03-12 12:35 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
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slammer
05-14 12:28 PM
We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
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Ramba
07-06 12:51 PM
The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
liberty
10-25 09:23 PM
Are the kids allowed in the office?
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nashorn
12-12 03:03 PM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
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sandy_anand
10-04 10:17 AM
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
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frostrated
08-18 12:56 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
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gbof
01-30 11:32 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
please, see your PM
please, see your PM
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sai_srinivas
05-22 08:28 PM
Eb3
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quizzer
01-02 12:01 PM
New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
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gsc999
02-09 01:25 AM
I went to usa on h4 one yr back.h1 is approved on nov2007.Before approval i faced one query because my employer assaign she is going to work on particular location,he mentioned city of USA also.So they raised query why only that place.My employer replyed that query and after few months i received I-797B form in the place of I-797A approval notice.That says i am not applied h1 from USA.In that time we mentioned, we are applied from USA.In that situation i have to go for stamping .But I have other option,we amended that h1 I-797B.We did premium process.With in one month i got h1 approval notice in nov2007.
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
--
To attract responses you will need to reframe your question in a simple language. I hope you will do that.
On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.
See below for more details:
https://www.vfs-usa.co.in/Home.aspx
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
--
To attract responses you will need to reframe your question in a simple language. I hope you will do that.
On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.
See below for more details:
https://www.vfs-usa.co.in/Home.aspx
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rb_248
04-09 11:58 AM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.
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bp333
09-25 01:12 PM
"july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".
Thanks a lot.
Thanks a lot.
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bibs
07-26 10:11 AM
I havenot received the I-485 receipt yet , is it mandatory?
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immiindi09
01-12 05:38 PM
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
processing time?
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ksvreg
09-25 02:18 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.
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gc123
04-15 09:58 AM
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
pleaseadviseme
09-23 07:01 PM
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
Thank you so much, you have been really helpful.
My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
Thank you so much, you have been really helpful.
My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
raysaikat
02-16 09:32 AM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
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