desi3933
06-10 04:53 PM
Hello Attorney,
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
It is 30 days since the posting of this question, and not a single reply from any attorney.
Let me repeat my understanding on this question -
----------------------------------------------------------------------
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, 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.
This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
It is 30 days since the posting of this question, and not a single reply from any attorney.
Let me repeat my understanding on this question -
----------------------------------------------------------------------
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, 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.
This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
wallpaper common warts on fingers. Warts
FinalGC
07-10 05:47 PM
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
new_horizon
03-14 05:11 PM
$600 for individual. $1200 for joint filing (hus & wife), and $600 for each dependent (child). Don't know if parents (dependents) are included.
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
2011 of a common wart from the
gconmymind
08-27 05:21 PM
I think you will not be able to apply for Visa renewal. You will be applying for H1 stamp for the first time hence it is a new visa applicaiton. this is per my understanding, please check with your lawyer. You can also send an email to the consulate (email address on VFS website). They will answer withing 3 business days...Goodluck
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
more...
anand3597
12-13 05:56 PM
Hello,
We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:
1. Called Nebraska service center weekly for last ~2 months to check progress of I485
2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
4. Nov. 2009- sent letters to senator and congressman requesting assitance.
5. Nov. 20- soft LUD
6. Dec. 1- text message and CPO emails
7. Dec. 7- received green cards in mail
I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.
regards,
anand3597
donated to IV
We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:
1. Called Nebraska service center weekly for last ~2 months to check progress of I485
2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
4. Nov. 2009- sent letters to senator and congressman requesting assitance.
5. Nov. 20- soft LUD
6. Dec. 1- text message and CPO emails
7. Dec. 7- received green cards in mail
I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.
regards,
anand3597
donated to IV
ski_dude12
08-10 11:43 AM
Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?
more...
InTheMoment
06-29 01:01 AM
Yabadaba,
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
2010 Common warts are benign or
apahilaj
12-31 01:32 PM
No FP notice either. Check signatue for more details.
more...
haifromsk@yahoo.com
10-15 04:00 PM
if RFE for w-2 USCIC will come to know- might not be the only way for USCIC to know
hair Warts are harmless skin
meridiani.planum
04-17 02:11 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
more...
aamchimumbai
08-05 10:03 PM
it was pending..pls check the PM I sent you.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
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TwinkleM
06-26 11:20 AM
Thanx once again Ms. Sen for you so valuable response. Is there anyways, you could tell me the email address. It will be then easy for me to talk to him when I have all the information. Another question, has the email to be sent out only by the lawyer, or the company can directly do that?
Thanx once again...
Thanx once again...
more...
house Plantar warts are a common
chanduv23
08-03 10:56 PM
USICS once again emerges the winner :) Now all our heads will start spinning.....
Dear friends, please visit this thread
http://immigrationvoice.org/forum/showthread.php?t=11962
and participate in the publicity campaign
Dear friends, please visit this thread
http://immigrationvoice.org/forum/showthread.php?t=11962
and participate in the publicity campaign
tattoo Common warts are usually found
bharmohan
08-15 10:20 PM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
more...
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goel_ar
12-19 11:05 AM
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Thanks,
LG.
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gc_check
07-14 07:18 PM
My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...
Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....
Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected
Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....
Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected
more...
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joeshmoe
09-04 12:37 PM
Congrats!!!!:cool:
I remember you because you created the "June 1st filers - receipt " thread.
I hope many approvals come soon.
I would appreciate detailed signature will help us.
See my signature, hope it helps. I got an LUD on my 485 on August 30th but I had no idea why, I guess it might have been the NameCheck and then this email this morning .... unf.. believable!
I remember you because you created the "June 1st filers - receipt " thread.
I hope many approvals come soon.
I would appreciate detailed signature will help us.
See my signature, hope it helps. I got an LUD on my 485 on August 30th but I had no idea why, I guess it might have been the NameCheck and then this email this morning .... unf.. believable!
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naveenarjun
06-04 10:25 AM
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
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kirupa
11-21 05:42 AM
The poll will go live tomorrow (Saturday) :)
camilopino
01-08 04:48 PM
Well the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!
andy garcia
07-30 08:45 PM
Let's hope everyone will be all right.
My son will turn 21 in December 07 and I stuck in name check for who knows how long.
My son will turn 21 in December 07 and I stuck in name check for who knows how long.
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