vikki76
04-21 05:49 PM
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
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jay21
07-19 10:10 PM
hi, can the spouse travel outside after applying for I-485 but before getting the AP? Suppose during her stay abroad if the primary applicant's GC is approved? Her H4 will not be valid in that case. but can she use the visa waiver to gain entry back into the country? Will the receipt of I-485 help in anyway? thanx.
WillIBLucky
12-08 08:21 AM
Are you saying that the bill is going to be voted today? And moreover if it even passes will it have to pass in house as well to become a law? from the excitement yesterday I got the feeling if it passes in senate we are good.
can someone clarify this for me?
can someone clarify this for me?
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neodyn55
07-30 01:57 AM
"Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn""
*I've* done that. Maybe you guys need to get out more :p
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn""
*I've* done that. Maybe you guys need to get out more :p
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raju123
06-26 02:51 PM
Numberusa reported following possible 24 amendments and Cantwell/Kyl amendment is not there. I hope this news is not right.
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
cbpds
06-08 12:54 PM
What if someone returned the initial I94 but not the latest one because we attched the wrong I94 portion, will we need to send the new I94 after extension back to USCIS as well?
No, you are supposed to return all I-94s!!.
No, you are supposed to return all I-94s!!.
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logiclife
02-16 01:02 PM
There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
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mchundi
02-16 06:02 PM
Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.
--MC
In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.
--MC
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rex
04-25 03:06 PM
Thank you all for a bunch of good answers.
I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
seems to be the best option here.
Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
Thank you
Rex
I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
seems to be the best option here.
Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
Thank you
Rex
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pkv
09-13 01:17 PM
What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
more...
pritibshah
06-24 08:35 PM
Hi,
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
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h1bemployee
02-25 09:03 PM
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
thats what my employer told me....
thats what my employer told me....
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needhelp!
08-31 12:50 AM
You guys are the experts.. I am a newbie. Good I asked, I would have never known!!
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
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GCAmigo
01-02 03:48 PM
So I was lucky as I am blissfully ignorant of this rule up until now.. may be my next visit would be with an AP.. just dreaming.. I went to the Chennai Consulate though...
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yabadaba
07-14 08:35 AM
this probably the best info out there. There is industry pressure, bi partisan support, approval from the senate. just a matter of time.
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Curious_Techie
09-30 10:12 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
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ameryki
03-10 09:46 PM
Never mind lawyer just sent copies of the receipt notice. so we are good to play.
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neogator
01-19 05:20 PM
Although your question is quite laughable and absurd, you could make a point by asking of a list of people who gave up on immigration to the US because of the EB3 backlog. And if these people did make it big..then you have a point.
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ItIsNotFunny
06-11 12:45 PM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
oliTwist
01-10 08:46 PM
I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.
gjoe
10-05 11:07 AM
Are you a lawyer? :)
Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.
God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.
If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.
PS: Pardon my typos and spellings
Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.
God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.
If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.
PS: Pardon my typos and spellings
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