qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
wallpaper Black and White photograph of
GCVivek
01-28 05:38 PM
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
boreal
10-28 08:57 PM
oh God! all of you self-righteous prigs! get a life and give this person a break. He didnt like something, so came out and expressed it, and very politely, i might add. If all you want to do is show the world how pompous your ego is, then go do it somewhere else..enough already!! If someone expresses something, dont take it personal and start responding as if he directed his comments at you!
2011 Snow Tree - lack and white by
lordoftherings
07-16 11:38 PM
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
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gc_kaavaali
06-05 11:50 AM
New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?
gianik
05-25 05:01 PM
Thanks for informative posts. and Thanks specifically for addressing the wages question.
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
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sujith1
12-03 01:47 PM
I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
2010 Black amp; White Tree Through The
InTheMoment
04-22 05:08 PM
That may be true if you are not a AZ resident.
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
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arindam
04-02 12:00 PM
Send both faxes.
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gsc999
08-31 02:45 PM
Wear the Gear:
California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)
I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.
Flaunt that Flag:
We are ordering American flags and California state flag for the rally.
Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.
Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.
California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)
I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.
Flaunt that Flag:
We are ordering American flags and California state flag for the rally.
Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.
Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.
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wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
hot Gnarled Old Tree Black and
svgupta
05-15 12:19 PM
Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
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house Tree alley leading to a
singhsa3
01-04 10:41 AM
Though I sympathize with this guy but when I heard this story, I was laughing to my guts. His plight is really unique and probably he is better off not bringing any one of them here or better yet... Marry for the the third time here in the USA itself. :D:D
tattoo Black and White Lowrider Arte
satishku_2000
07-10 08:18 PM
Last night I saw Jon Stewart .. He did a good job about Lou Dobbs and Pat Buchannan :)
Still on homepage at
http://www.comedycentral.com/shows/the_daily_show/index.jhtml
Still on homepage at
http://www.comedycentral.com/shows/the_daily_show/index.jhtml
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pictures Other duties may include but
GCaspirations
10-02 12:22 PM
Sure, what additional information are you looking for?
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
dresses Black amp; White
gcdreamer05
07-25 01:26 PM
I think we all have this OCD to keep checking IV. I am in EB3 and i know nothing is going to happen to my 485 for the next 3 or more years, i myself keep checking IV, no wonder why you dont want to....
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
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makeup stock photo : lack and white
hydboy77
05-30 11:28 AM
Latest count is 178. Keep it going.
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
girlfriend TREE of LIFE - lack amp;amp;
nag2007
10-11 04:37 PM
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
hairstyles lack and white oak tree
Sheila Danzig
02-25 09:21 PM
I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.
Sheila -
I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.
Your original post on 12/12/2008
Your post after editing on 02/23/2009
It seems that you have changed position after my posting.
Have a good day!
Sheila -
I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.
Your original post on 12/12/2008
Your post after editing on 02/23/2009
It seems that you have changed position after my posting.
Have a good day!
sparky_jones
02-20 11:41 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
anilsal
01-27 12:14 AM
the main list of top threads.
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