singhsa3
02-21 01:59 PM
EB1 quota 40K a year..
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vaishalikumar
08-17 12:46 PM
It is bad visa bulletin for EB 3 .
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
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kutra
03-05 09:07 PM
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
more...
illusions
03-18 10:32 AM
Ron Gotcher - "I can't take credit for passing along what I heard. I do believe, however, that an analysis of the data strongly supports the conclusion that substantial additional forward movement in cutoff dates is likely between now and July.", he also goes to say that EB3 ROW will be current, by July, lets hope there is some significant movement.
gc28262
04-10 10:04 AM
The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
Can this happen to EB3-I India as well??
In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
Can this happen to EB3-I India as well??
In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
more...
dpp
07-09 03:55 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.
Yes, this is another one. There are somany. Please check AILA lawsuit.
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.
Yes, this is another one. There are somany. Please check AILA lawsuit.
2010 Let grandpa
GCBy3000
12-27 09:44 AM
I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
more...
Desertfox
12-10 07:06 PM
Hi friends,
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.
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alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
more...
jani07
03-16 01:04 PM
that's the best way to tackle such persons
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meridiani.planum
07-28 12:07 PM
To all the above liberal minded people who said what's wrong with this. Lord Ganesha is symbol of intelligence and soma (the divine liquor) is not associated with Him.
Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.
beer != toilet seat.
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.
beer != toilet seat.
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
more...
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GCKaIntezar
01-18 09:14 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
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perm2gc
01-16 06:08 PM
Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.
more...
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MahaBharatGC
10-22 04:40 PM
:p
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
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abhijitp
07-25 02:29 PM
http://www.google.com/answers/threadview?id=559556
If an applicant for adjustment wishes to take a new job in the same
or similar occupational classification at the job that was the basis
of his or her employment-based I-140 AND the I-485 has been pending
180 days or more, the new employer may be substituted into the
existing I-485 application without disrupting the application at all.
This is accomplished very easily - NO new petition and no new fees.
Step 1: The applicant notifies INS of the change in intent by letter.
Step 2: The Service should then make a request for a letter of
employment from the new employer.
Voila! Done deal."
http://www.ilw.com/articles/2001,0705-Latour.shtm
If an applicant for adjustment wishes to take a new job in the same
or similar occupational classification at the job that was the basis
of his or her employment-based I-140 AND the I-485 has been pending
180 days or more, the new employer may be substituted into the
existing I-485 application without disrupting the application at all.
This is accomplished very easily - NO new petition and no new fees.
Step 1: The applicant notifies INS of the change in intent by letter.
Step 2: The Service should then make a request for a letter of
employment from the new employer.
Voila! Done deal."
http://www.ilw.com/articles/2001,0705-Latour.shtm
more...
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desi3933
03-17 07:21 AM
Did you just say "Just because people are not getting green cards does not mean wastage":D
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
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widad2020
01-16 04:37 PM
Good one man. I can see myself while reading your story.
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immi_seeker
08-16 12:50 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
godbole_sanjaya
01-17 08:33 AM
Hello All,
How about flashing the total contribution so far and the amount pending to make the target on the home-page?
Hopefull, this might be inspiring.
How about flashing the total contribution so far and the amount pending to make the target on the home-page?
Hopefull, this might be inspiring.
xyz2005
07-18 11:25 AM
OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
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