mmaxima
08-21 04:24 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
Rinsha
03-19 08:55 AM
Good observation, although I totally support this clause to oppose automatic citizenship.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
Nov2004
08-26 01:08 PM
Bump^^^^
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
gc_chahiye
10-05 04:12 PM
How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
more...
neha_garg123
01-07 10:09 PM
I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?
rheoretro
08-08 07:33 PM
...of meaningless "predictions."
more...
frostrated
09-10 03:10 PM
I agree.
I have also heard that it can be picked up from a consulate. How does that work?
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
I have also heard that it can be picked up from a consulate. How does that work?
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
dish
09-26 06:00 PM
Instead of asking for "filing for I-485 even when Priority date is not current" ,
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
more...
GCard_Dream
07-10 02:37 PM
Appu:
What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
Hassan11
08-24 03:43 PM
Hi. I am sorry if I am posting this on the wrong thread but I am trying to get some help or suggestions.
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
more...
bipin
03-18 02:45 AM
I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
gcpool
07-08 09:19 AM
My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?
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ddanait
02-08 03:45 PM
Yes.. I was one of them..
TEKNMEK
03-02 10:25 AM
I sent an email to chennai consulate requesting emergency appointment and they gave me the earliest available date. I had to provide my passport number and return travel date.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
more...
Xipe Totec
09-14 04:02 PM
I just _have_ to ask: what game was that?
indianindian2006
06-22 06:53 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
more...
reachinus
08-25 09:38 AM
Hi There,
If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
mkumar
10-09 12:53 PM
Fromnaija and ChanduV-
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
deardar
09-14 02:47 PM
If your employer questions you.
Tell em you had an appoinment with the Senater. ;)
Tell em you had an appoinment with the Senater. ;)
mirage
03-06 03:03 PM
How's Asking for temperory Lifting Country Cap or Exemption of Long pending case from Country limits going against her own bills ? Nothing 'Immigration' is flying right now, we already saw the fate of those bills...I have heard this several times from various lawmakers offices they don't want to lift the country caps... So what do we do then ?
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
nat23
03-14 02:19 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
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