dummgelauft
11-19 02:25 PM
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx number less people in front of who don't qualify for this so their turn will come sooner.
any leads?
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx number less people in front of who don't qualify for this so their turn will come sooner.
any leads?
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
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logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
2011 3b curly hair.
ken
10-01 08:31 PM
Hi Ebizash-
Did you noticed any LUD on your case today
Hi Ebizash-
Did you noticed any LUD today on ure AP renewal case
Did you noticed any LUD on your case today
Hi Ebizash-
Did you noticed any LUD today on ure AP renewal case
more...
x1050us
07-19 10:18 AM
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
No she cant becuase her visa appointment is on Aug 13.
No she cant becuase her visa appointment is on Aug 13.
Hydro
03-10 11:59 PM
Helo Im messaging from India,
I found this site useful so I joined in here, but since they did not have India in the listing I added Calfornia. I have a F2B immigration visa pending filed by my parents in the US. I had interview in Chennai, India on Sep 2007. I fell short of some docs and submitted those on 28 Dec 2007 and was given 221g and told my case will be held up due to administrative processing.
I wanted to know if this new name check ruling helps me in any way. Also how long more should I expect to wait for the visa.
Thanx
Hydro
I found this site useful so I joined in here, but since they did not have India in the listing I added Calfornia. I have a F2B immigration visa pending filed by my parents in the US. I had interview in Chennai, India on Sep 2007. I fell short of some docs and submitted those on 28 Dec 2007 and was given 221g and told my case will be held up due to administrative processing.
I wanted to know if this new name check ruling helps me in any way. Also how long more should I expect to wait for the visa.
Thanx
Hydro
more...
ilwaiting
12-12 01:03 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
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shouldIwait
05-30 12:37 PM
done...
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acecupid
05-31 10:20 PM
This bill is 13th most popular on the site... We should vote it right to the top.
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sankap
07-25 11:01 AM
You said: "...my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep...I am really getting frustrated ..."
I'd strongly recommend you to seek medical advice for possible anxiety.
I'd strongly recommend you to seek medical advice for possible anxiety.
more...
gondalguru
08-05 09:11 PM
Count me in.
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gc_bucs
04-01 06:09 PM
sent fax # 11
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file485
01-08 03:09 PM
Hello all..
In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?
that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!
I don't want to fall from the pan into the fire..!!
I think in these cases it will be an Change of Status situation..
pls post your comments...
In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?
that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!
I don't want to fall from the pan into the fire..!!
I think in these cases it will be an Change of Status situation..
pls post your comments...
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sammyb
01-04 02:42 PM
I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
more...
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buddyinus
08-01 12:47 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
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nk29
08-05 12:32 PM
GCMaine:
I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.
NK29
I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.
NK29
more...
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msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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ramudu
11-01 09:41 AM
To mailmy_gc : You are very lucky to have it on the 100th day i guess..Mine is pending 98 days and i went to local office - Newark, NJ today and they told me your file is with the IO and you are probably struck in background check - cant understand he spend 90+ days on background check alone! and i am still counting. I met atleast 3 people whose EAD is pending and expired and are counting days. I cant beleive USCIS is no ruthless and care a damn about legal immigrants.
Can anyone tell me how else i can expediate? - I already tried 2 Info pass, one service request, Letter to CIS ombustman (they did respond with rrecommendation). I havent contacted senator (does it help - if so do i just call them or go to there office?). Any input will help.
Can anyone tell me how else i can expediate? - I already tried 2 Info pass, one service request, Letter to CIS ombustman (they did respond with rrecommendation). I havent contacted senator (does it help - if so do i just call them or go to there office?). Any input will help.
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xbohdpukc
03-18 01:49 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
EB immigrants are not a hot political issue with the House, when the illegals are. Nowhere do the house representatives, except Tancredo and the likes, voiced their opposition to expanding EB immigration and providing some sort of relief for people caught in the backlog. I believe that the immigration provisions were dropped from S.1932 just because it was a wrong bill. The pork got chopped off and this pork was too easy to compromise as there were much more important issues to fight for, like drilling in Alaska and Medicare. This bill IS about immigration issues and is about border security issues as well. The fact that Frist's bill drops the very controversial guest worker program can be considered as both a good and a bad thing. It is good since the bill will sail more smoothly through the Senate and hopefully the conference. On the other hand it is bad since Senate representatives in the conference now will not have this guest worker program to trade and drop when House reps will demand to drop something off the bill. To my understanding the way the conferences work, they need to meet somewhere in the middle in between the versions of the bill and since we have the very minimalistic bill passed by the House it is the Senate which will need to compromise and drop provisions from its bill.
But taking the guest worker program off the bill is a good start I guess.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
EB immigrants are not a hot political issue with the House, when the illegals are. Nowhere do the house representatives, except Tancredo and the likes, voiced their opposition to expanding EB immigration and providing some sort of relief for people caught in the backlog. I believe that the immigration provisions were dropped from S.1932 just because it was a wrong bill. The pork got chopped off and this pork was too easy to compromise as there were much more important issues to fight for, like drilling in Alaska and Medicare. This bill IS about immigration issues and is about border security issues as well. The fact that Frist's bill drops the very controversial guest worker program can be considered as both a good and a bad thing. It is good since the bill will sail more smoothly through the Senate and hopefully the conference. On the other hand it is bad since Senate representatives in the conference now will not have this guest worker program to trade and drop when House reps will demand to drop something off the bill. To my understanding the way the conferences work, they need to meet somewhere in the middle in between the versions of the bill and since we have the very minimalistic bill passed by the House it is the Senate which will need to compromise and drop provisions from its bill.
But taking the guest worker program off the bill is a good start I guess.
mygc2006
04-02 07:38 AM
sent both faxes :)
jonty_11
12-05 02:58 PM
Not going to happen - whole point of not giving h1's their Social Security is to use to fund USs' dwindling Social Security funds. H1 is supposed to fund SS for the Baby boomers here. There is no way in hell we will get it before 10 years on H1.
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