Saturday, June 11, 2011

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  • lazycis
    12-21 01:31 PM
    Here is a shortened version:

    1151
    d) Worldwide level of employment-based immigrants
    (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
    (A) 140,000, plus
    (B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)

    1153
    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (EB-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)
    (EB-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, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (EB-3) Skilled workers, professionals, and other workers
    (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 paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (4) Certain special immigrants
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
    (5) Employment creation
    (A) In general
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

    i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
    If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.





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  • abhaykul
    12-31 01:03 PM
    Has IV explored or conveyed DOS about considering the First Arrival date on H1B or the first day on H1B job after graduating to be the priority date ? If DOS can implement this without change in law ?

    The Ideal Scenario would be First Arrival Date or Labor Filing Date which ever comes first should be the priority date after I 140 is approved. What do you think IV core?

    If DOS implements this it will be a boon for long time GC hopefuls !





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  • mdforgc
    02-17 08:39 PM
    Great job, wish u good luck, We will do our stuff in nY/NJ and meet lawmakers here





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  • gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.



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  • needhelp!
    05-16 05:10 PM
    What is MI phone list?

    Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.





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  • Aah_GC
    07-25 10:14 AM
    Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.

    Good luck.

    Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

    Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

    Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


    Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.



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  • plassey
    07-23 10:41 PM
    I think, he should run for his life from his in laws now...:)
    with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)





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  • ramaa
    06-23 06:19 AM
    Could you please provide your input on this . Thank You.



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  • UKannan
    04-26 04:47 PM
    Hello All,

    Sorry for the post outside immigration boundaries.

    My wife with 2 toddler kids will be traveling to India via Lufthansa.

    I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

    I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

    I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

    Thanks in advance for all your help.

    Please call Lufthansa's customer support number!!





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  • arpu31
    11-17 12:59 PM
    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.

    If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?



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  • shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.





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  • pnara2
    01-24 12:37 PM
    Appreciate your response. Thanks for the useful information.



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  • ingegarcia
    08-29 02:53 PM
    ................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

    I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.





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  • logiclife
    05-23 11:56 PM
    Mercies,

    This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

    Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

    Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.



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  • rajenk
    08-09 01:02 AM
    That's why I did a premium processing in June. I applied on June 15th in Premium and got it approved by 25th June, I got 3 years. That is correct, they approve H1B for 3 years based on the current Visa bulletin if you are extending Visa beyond 6 years.

    But you can apply for 3 years when you are left with 6 months of currently approved Visa. Hope this clarifies your doubt.

    -Raj





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  • ARUNRAMANATHAN
    06-20 08:50 AM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!


    See the Requirements for the same ....

    Lot of Documentation needed; look at the theard for 485/EAD filing
    In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...

    One of my friend is in the same situvation and this is the way we are proceeding !



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  • eilsoe
    10-03 12:12 PM
    Yep!! :P

    About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...

    looks weird...





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  • STAmisha
    06-20 07:46 AM
    Friends

    Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process





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  • Norristown
    12-24 11:50 AM
    Before July fiasco by USCIS, I was used to check murthy.com.immigrationportal websites for info on immigration issues.
    During the July fiasco IV is the only website which was updating with more confidence.
    Later it became a addiction to check IV morning and evening.

    GO IV GO IV....





    krishnam70
    08-16 01:04 PM
    Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.

    I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)





    snathan
    04-14 08:54 PM
    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?

    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.



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