GC_Applicant
07-20 01:12 AM
Great job people.
This is the least that everyone benefitted from july VB should do.
Waiting to hear further instructions on how to send $100.
Thanks
This is the least that everyone benefitted from july VB should do.
Waiting to hear further instructions on how to send $100.
Thanks
wallpaper Happy Birthday Heather!
vbkris77
07-19 10:49 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
raj2007
06-23 09:42 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
2011 Heather Heather is offline
StarSun
02-03 09:16 AM
To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.
more...
Harutium
06-22 08:49 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
needhelp!
09-16 12:00 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
more...
saimrathi
07-02 09:53 AM
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Do you guys think the packages were delivered at a Post office or a Box center in Lincoln, NE and the signers aren't actually ppl working for USCIS? Is there a chance that once accepted boxes can be refused later on?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Do you guys think the packages were delivered at a Post office or a Box center in Lincoln, NE and the signers aren't actually ppl working for USCIS? Is there a chance that once accepted boxes can be refused later on?
2010 Happy Birthday Heather!
NKR
04-22 12:44 PM
I understand if the companies want to protect their business. Let�s say that X works at a client place through a vendor. X�s employer has an agreement with the vendor which says that he cannot employ his employee, the vendor has an agreement with the client which says that they cannot take X through another vendor.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
more...
minimalist
01-30 04:40 PM
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
hair Happy Birthday Heather!
texcan
09-02 11:39 AM
For spouse received EAD card, valid for 2 years
Filed: June 24th, 2008
Self:
CPO email received twice Aug 28th, 2008
Filed: June 18th, 2008
Status: Waiting for CARD.
AP Status:
Lawyer says that he has received AP last week for both of us.
Not very certain of his claims,untill i see the documents.
Filed: June 24th, 2008
Self:
CPO email received twice Aug 28th, 2008
Filed: June 18th, 2008
Status: Waiting for CARD.
AP Status:
Lawyer says that he has received AP last week for both of us.
Not very certain of his claims,untill i see the documents.
more...
sc3
08-18 06:50 PM
Ok, bear with me here.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
hot Happy Birthday Heather!
acecupid
09-25 03:58 PM
Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
more...
house Happy Birthday Heather!
p_aluri
10-08 01:42 PM
I am in the same boat.. came here in 1999.
Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.
Moved to consutling company and started the whole process again..
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.
Moved to consutling company and started the whole process again..
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
tattoo Happy Birthday, Heather! A little Heather-through-the-ages retrospective.
googlegc
08-25 07:24 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
more...
pictures Heather chocolate Birthday
kosu
06-15 12:37 PM
Package received by Nebraska SC: June/4.
Check cashed: June/14 (it shows LIN# on the back).
Querying status using this number shows a receipt date of June/12!
Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.
Check cashed: June/14 (it shows LIN# on the back).
Querying status using this number shows a receipt date of June/12!
Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.
dresses happy birthday heather
since1996
03-26 04:29 PM
I say i get it by 2011....if i dont....then i just suck it up and keep waiting...LOL
the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL
the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL
more...
makeup Happy Birthday Heather!
rpuja
08-11 10:15 PM
I know this not right place to ask this question . Please can anybody tell me how add a new thread.
Thanks in advance
Goto http://immigrationvoice.org/forum/index.php then select any thread from the categories and subcategories (like " I-485, EAD/AP application, renewal and related" ) you want. You should be able to "new Thread" button below the threads table. Good Luck. i am not sure why it has been made so tough to open a new thread.
Thanks in advance
Goto http://immigrationvoice.org/forum/index.php then select any thread from the categories and subcategories (like " I-485, EAD/AP application, renewal and related" ) you want. You should be able to "new Thread" button below the threads table. Good Luck. i am not sure why it has been made so tough to open a new thread.
girlfriend Happy Birthday Heather
chalamcharla
10-16 02:40 PM
Finally all my checks have been cashed today. Reached application to NSC on July5th but as per checks back side the receipt no's allotted from Texas (Recepit no started SRC xxxxxxxxxxxx ) . Verified those receipt no's in online status and looks like they haven't entered yet in automatic system.
hairstyles Happy Birthday Heather AKA
Winner
02-09 08:32 PM
Did you all see Donald Trumps answer to Piers Morgans question in Piers Morgan tonight program on CNN? that was not a yotal surprise, but after his talk about China and India, that was a little bit surprising.
mhathi
10-08 02:55 PM
Nothing is as easy as it seems. Even for a small ask item, there is a lot we have to invest. If people show up for chapter meetings, come for lobby day and rally, contribute and volunteer for the cause.. then we can increase our chances of success.
I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.
If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.
Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.
I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.
If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.
Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.
FrankZulu
08-25 12:39 PM
Folks
Can anyone advise on what docs to take along for an Infopass appointment?
The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.
Thanks for any advise and guidance.
Photo ID (Lic. or PP)
Can anyone advise on what docs to take along for an Infopass appointment?
The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.
Thanks for any advise and guidance.
Photo ID (Lic. or PP)
No comments:
Post a Comment