mallikonnet
06-26 11:05 PM
guys this wont work for the people who file through lawyers. lawyers will do at their own pace. good luck if you think it is going to work
wallpaper women eyeglasses frames,
msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
mallu
12-04 08:31 PM
The govt. authorities in Bangalore never gave my PF, citing some
spelling mistake in my fathers name. Guess if i showel down 10% bribe
in their throat , they might give. Later i didn't bother to pester them,
i am here. The babus also might think "This chap is in USA , minting $$$".
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
spelling mistake in my fathers name. Guess if i showel down 10% bribe
in their throat , they might give. Later i didn't bother to pester them,
i am here. The babus also might think "This chap is in USA , minting $$$".
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
2011 Chill 29 Eyeglass Frames
sukhyani
04-18 04:43 PM
I will take it :D
In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.
I dont know how to do it therefore asking, can someone start a poll to see how many of our members became eligible for file for I485 after this movement in Visa numbers?
In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.
I dont know how to do it therefore asking, can someone start a poll to see how many of our members became eligible for file for I485 after this movement in Visa numbers?
more...
onemorecame
10-19 04:13 PM
my travel date is on nov 21st and my RD for ap renewal is aug 6th. here are the things I have done so far.
1) called NSC and expedited mine and my spouse AP.
2) sent a fax copy of the expedite request letter to NEbraska service center requesting an expedite.
3) have sent all the documents to the local congressman and they are sending a letter by fax to NSC requesting to expedite.
4) Have an infopass appt for oct 28th.
5) sent another copy of the ap renewal receipt, along with 2 phographs, 485 and i140 receipt copy along with a letter requesting expedite with an email from travel agent citing financial loss if i cancel tickets.
6) also, my father in law had to undergo a bypass surgery (emergency) this week and we have received a letter from the doctor regarding the same and will be using it during the infopass if I do not see an approval (atleast online) before our infopass appointment.
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
1) called NSC and expedited mine and my spouse AP.
2) sent a fax copy of the expedite request letter to NEbraska service center requesting an expedite.
3) have sent all the documents to the local congressman and they are sending a letter by fax to NSC requesting to expedite.
4) Have an infopass appt for oct 28th.
5) sent another copy of the ap renewal receipt, along with 2 phographs, 485 and i140 receipt copy along with a letter requesting expedite with an email from travel agent citing financial loss if i cancel tickets.
6) also, my father in law had to undergo a bypass surgery (emergency) this week and we have received a letter from the doctor regarding the same and will be using it during the infopass if I do not see an approval (atleast online) before our infopass appointment.
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
more...
malibuguy007
09-16 09:47 PM
Applied: July 30th
FP: August 15th
Approval Email: September 16th
Total time 47 days for approval for me and my wife.
FP: August 15th
Approval Email: September 16th
Total time 47 days for approval for me and my wife.
2010 Morrissey Eyeglass Frames
raysaikat
07-19 10:20 PM
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
more...
chanduv23
07-06 03:54 PM
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
hair Mens Glasses Frames Black
rvangipuram
08-22 11:20 AM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
This is what I found on immigration-law.com
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
This is what I found on immigration-law.com
more...
dummgelauft
07-28 10:52 PM
There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D
.limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....
.limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....
hot Glasses. Eye Glass Frames
jonty_11
07-25 02:43 PM
I gets very severe migraine attack almost everyday thinking about the GC !! I took so many pain killers(acetameno) almost everyday ..now they also stopped working on me...and due to these apin killers ..I became acidic ..acidity everyday..even without eating spicy things...my wife says, probably my lever damaged ..don't like to visit doctors ...will it get worse ? I can't escape visiting IV everyday !! Any remedy for me will be highly appreciated....
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
more...
house Optical Frames Glasses
Bpositive
08-06 04:58 PM
I-485 applied aug 2007
I-140 approved dec 2007
I-140 approved dec 2007
tattoo Eyeglass Frame Preview
Nil
04-27 08:29 PM
do we have a real poll number: how many have actually send it?
i did.
probably many others did as well. need to know....
i did.
probably many others did as well. need to know....
more...
pictures United Bamboo Frames amp;
ilikekilo
01-09 12:53 PM
not sure what you meant but all your benefits CEASE on the day of your termination in the job..
dresses acetate optical frame,eyeglass
abhijitp
07-27 02:30 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Too good to believe:-)
Too good to believe:-)
more...
makeup Glasses frames
little_willy
08-07 06:06 PM
I hope you are talking to an attorney regarding your situation, do not rely on forum information alone.
AFAIK, H-1 or F-1 for your future wife appears to be the best bet. Good Luck!
AFAIK, H-1 or F-1 for your future wife appears to be the best bet. Good Luck!
girlfriend Eyeglasses frame BV8055 dark
shivapb80
06-05 04:22 PM
actually this memo, as far as my understanding goes, does not say it. there is no where the clause that filling AC21 documents means that it will become urgent for USCIS to make a decision on your i-140.
it is more applicable to the i-485 i.e. if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
it is more applicable to the i-485 i.e. if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
hairstyles glasses frames
ramus
06-27 08:53 AM
Could you please assign date time for every single member that they should file their application on?
Thanks a lot.
I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.
Thanks a lot.
I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.
delax
08-06 02:52 PM
Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
optimystic
10-24 02:32 PM
Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
No comments:
Post a Comment