lost_in_migration
05-01 05:31 PM
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
wallpaper marcus bent and gemma atkinson
arsh007
12-16 01:35 PM
also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).
Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.
Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.
actaccord
02-17 09:48 PM
as cash contribution....transaction ID for this payment is: 5U064488UK465841H.
Will attend Training, Advocacy day, contributed 25000 hotel rewards.
Planning to work on publicity of Advocacy day.
Will provide car pool if need from VA to DC and back to VA (provided participating with me till end of the day).
Will attend Training, Advocacy day, contributed 25000 hotel rewards.
Planning to work on publicity of Advocacy day.
Will provide car pool if need from VA to DC and back to VA (provided participating with me till end of the day).
2011 Gemma Atkinson and Marcus Bent
reddymjm
06-13 05:30 AM
As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
more...
snhn
08-26 04:24 PM
I read this as moste h1 extensions are being denied, and think to myself, why are we so sruprised. The body shoppers abuse the system for such a long time, they had it coming to them. But so what, people who are being affected by this are the poor consultants themselves, who put all their trust in these body shoppers and in some cases paid high amounts to come to US. BOdy shoppers are not being affected by this in anyways. They should be fined if the US rejects an H1 for illegal hire. I just hope that consultants are given enough time to apply at other places.
I was also denied h1 extension some 3 years ago. Mine was because of criminal record. i appelaed and denial was approved and USCSI admitted to the the fact that they made a mistake. I was lucky and I knew what the law stated about my criminal record. You can search the forum and will find out what I am talking about. so to all who have been rejected, please research the if the denial is wrong then please file appeal. In most cases, the appeal will be reviewd the driector of the district. So please dont give up.
I was also denied h1 extension some 3 years ago. Mine was because of criminal record. i appelaed and denial was approved and USCSI admitted to the the fact that they made a mistake. I was lucky and I knew what the law stated about my criminal record. You can search the forum and will find out what I am talking about. so to all who have been rejected, please research the if the denial is wrong then please file appeal. In most cases, the appeal will be reviewd the driector of the district. So please dont give up.
arunmohan
09-09 08:02 PM
Totally agree with you dude, is IV doing anything about this issue?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
IV:
What are plans and strategy for EB3?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
IV:
What are plans and strategy for EB3?
more...
godspeed
07-24 03:12 PM
sriwaitingforgc ,
i guess so, everything is random here
i guess so, everything is random here
2010 marcus bent gemma atkinson
Raju
07-20 12:36 PM
Wow ! Did Aman get his GreenCard???
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Nice one:D :D
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Nice one:D :D
more...
dpp
07-05 09:29 AM
My application reached on July 2nd, 10.25 AM. Signed by J.BARRRET.
hair marcus bent and gemma atkinson
cjain
11-01 02:43 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
more...
Green.Tech
03-26 12:17 PM
Hi All,
just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.
Thank you.
By 5 pm!
Just kidding...No one knows USCIS ways so who knows!
just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.
Thank you.
By 5 pm!
Just kidding...No one knows USCIS ways so who knows!
hot Gemma Atkinson marcus bent
sum12345
08-13 02:42 PM
Hi guys,
Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
more...
house wallpaper Gemma Atkinson Photos marcus bent and gemma atkinson. as well as
akhilmahajan
03-04 10:18 AM
Thanks a lot everyone. I am happy the thread is back and alive.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
tattoo pictures Gemma Atkinson | Sportige marcus bent gemma atkinson.
PDOCT05
10-12 05:35 PM
I am july 3rd filer and Just got the receipt numbers..Looks like our box is not lost and interestingly my numbers start with LIN even though my 140 processed from SRC.
more...
pictures Most attractive 20 reality
Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
dresses marcus bent and gemma
ca_immigrant
02-08 01:34 PM
going back to india is a personal decision, and each case differs. circumstances are key in this decision process. one or more members' past experience in india will not apply...
for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.
my.02c
good point, would be good to get some feedback from folks who have already gone back.
Also, thinking if anyone knows of an already existing good forum where folks are talking of this.
and yes, very true, it is a personal decision...what one things is good may not be good for somebody else....
Peace !!
:)
for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.
my.02c
good point, would be good to get some feedback from folks who have already gone back.
Also, thinking if anyone knows of an already existing good forum where folks are talking of this.
and yes, very true, it is a personal decision...what one things is good may not be good for somebody else....
Peace !!
:)
more...
makeup Gemma Atkinson
rbanerjee
06-22 11:49 AM
Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
girlfriend marcus bent gemma atkinson
desi3933
07-09 12:24 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
hairstyles with Marcus Bent,
sammyb
11-21 10:58 AM
Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...
yetanotherguyinline
07-11 11:23 AM
Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.
Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.
This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.
I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.
Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.
This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.
I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.
fundo14
06-06 05:02 PM
fundo...did you land, how did it go?
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
No comments:
Post a Comment