ultimo
07-24 08:56 AM
Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?
my friends lawyer also told the same no need for employment letter . if you have applied for i140
my friends lawyer also told the same no need for employment letter . if you have applied for i140
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webm
03-17 04:56 PM
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
pv2715
07-13 09:13 AM
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
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brb2
09-26 04:13 PM
Don't grind it in. She can screw everyone next time. It is childish to be spamming her when she had alread said she was going to change the article. Any sympathy she might have had would go away by asking her to apologize. She screwed up, corrected it, time to thank her and move on! No point in burning bridges.
She changed the article, but shouldn't we ask her to apologize for misinforming people???
She changed the article, but shouldn't we ask her to apologize for misinforming people???
more...
shreekhand
05-14 12:28 AM
Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.
amslonewolf
11-06 07:28 AM
NRC2008064127
I didn't notarize my letter..
All it takes is a .42 cents to mail the letter and 2 mins of your time.. Please do it..
I didn't notarize my letter..
All it takes is a .42 cents to mail the letter and 2 mins of your time.. Please do it..
more...
alex99
11-01 12:33 PM
Bumping..
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delhiguy
07-09 04:05 PM
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
Are we 100% SURE that this happened???
Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
Are we 100% SURE that this happened???
Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
more...
Jaime
09-10 01:36 PM
Your spouse gets an H1-B him/herself for a higher-paying job than yours, but the job is in another city - Your spouse cannot get the job, because you are not allowed to move. The only option is to split the family up or reject the job offer and supplemental income.
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pappu
01-16 12:10 PM
I just updated the profile. Could you please confirm?
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
Thanks.
We confirm your contribution commitment for $20 per month. Each $20 is important for us.
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
Thanks.
We confirm your contribution commitment for $20 per month. Each $20 is important for us.
more...
Libra
09-10 12:23 PM
Andy_garcia, its good for you that your wife and kid are working. We people dont use consulting firm to get our GC, but got stuck with those companies because if we leave them we have to start whole GC process. So we dont want that to happen and wait for 10 more yrs to get our GC.
I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.
When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.
I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.
When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.
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memyselfandus
09-20 11:11 AM
by the time I realised that I should have bought the .org domain; somebody already bought it... I am already forwarding the LegalImmigrationVoice.com clients to immigrationvoice.com
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
more...
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rpulipati
09-26 10:56 AM
FYI, this url has subject of "error in the story":
http://money.cnn.com/services/speakup/speakup.html
Thanks
http://money.cnn.com/services/speakup/speakup.html
Thanks
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andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
more...
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johnifanx98
04-04 03:16 PM
Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.
Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.
I still believe this bill may help reshape current mad behavior of H1B application. IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.
Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.
I still believe this bill may help reshape current mad behavior of H1B application. IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.
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new_gc
12-17 03:25 PM
My labor is filed in EB3 , and i am awaiting Certification.
My PD is Nov 2007.
I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.
Any hopes??
i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....
My PD is Nov 2007.
I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.
Any hopes??
i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....
more...
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AirWaterandGC
07-15 03:39 PM
Talk to an attorney soon then.
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
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kumarc123
03-12 08:33 AM
This should have been posted in DONOR's forum :)
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
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sajimm
12-13 04:18 PM
I'm getting confused on the date part after reading various posts.
Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?
To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?
To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
H1bslave
09-26 09:56 AM
I think IV core must be taking some action in response to this CNN report. Does anyone know about action from core?
stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
