ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
wallpaper Keira Knightley and Rupert
gccovet
09-10 01:35 PM
I am wondering when will they discuss about Humans ?:mad:
After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
Michael chertoff
07-12 09:06 PM
AUG BULLETIN is already out, it moved to March06 for EB2,
He is talking about next month (September). I think we have to wait for next year now.
He is talking about next month (September). I think we have to wait for next year now.
2011 Related Links: Keira Knightley
xyz2005
07-24 11:26 AM
There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.
When did he get back the package?
Does it have a rejection notice in it?
I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.
When did he get back the package?
Does it have a rejection notice in it?
I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.
more...
Madhuri
04-23 08:50 PM
as Always logiclife rocks.....so precise and neat. Core members like him is the ultimate reason I have full faith and confidence in IV leadership.
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
Logic Life -- YOU ROCK MAN !![/QUOTE]
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
Logic Life -- YOU ROCK MAN !![/QUOTE]
reddymjm
09-10 05:45 AM
for eb3 - I think things will be better than what most are expecting. I know that is not enough but atleast it is not hopeless. I guess what most can do is hope for best and be ready for worst. this is why I feel it will be better
-------------
my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.
True. But this is slower as this gets split in to all categories. For EB3 to get all of that or most of that will take years.
-------------
my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.
True. But this is slower as this gets split in to all categories. For EB3 to get all of that or most of that will take years.
more...
pkak
07-13 01:16 AM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
2010 Keira Knightley And Rupert
gc_on_demand
11-12 03:24 PM
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(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) and (b) 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.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(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) and (b) 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.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
more...
desi3933
02-11 07:36 PM
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
hair Rupert Friend: I#39;ve told you
cshen
12-27 07:34 AM
Here is the link where I posted in Chinese
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
more...
bskrishna
07-03 01:32 PM
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
Agree that there are not many. The companies that do them, typically do not sponsor for GC that often (comparing the H,L nos to their GC nos).
Agree that there are not many. The companies that do them, typically do not sponsor for GC that often (comparing the H,L nos to their GC nos).
hot Rupert Friend is treating
chanduv23
02-15 06:57 AM
I moved to a desi consulting company after I got layed off in 6th year of h1b. Things have worked out well after that and I got extensions as well as good salary everything is good, 140 approved, paperwork excellent etc.... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. They gave it but they started picking me for no reason, they got into a verbal rift with me and finally I had to talk to my employer and we deicded not to use their services anymore just for my case, because my employer was bullshitting to me that "Chandrakanth" is the only person having problem with the lawyer so "Chandrakanth will have a different Lawyer".
In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.
In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.
more...
house Actress Keira Knightley with
paskal
01-28 01:44 PM
rajuram,
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
tattoo and Keira Knightley have
vin13
03-18 04:37 PM
If you are in need of air miles or would like to donate air miles, please PM me with your name and phone number.
I will not be able to coordinate if you do not provide me with your phone number.
I will not be able to coordinate if you do not provide me with your phone number.
more...
pictures Keira Knightley#39;s new best
onemorecame
09-20 01:03 PM
Anyone received his rfe??
dresses Keira Knightley Hits NYC
dhesha
03-18 02:26 PM
Any idea how far will it move? Will it come to Dec 2005 ;)
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makeup Tags: Keira Knightley, Rupert
zuhail
05-08 07:07 PM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
girlfriend Actress Keira Knightley with
BECsufferer
02-27 08:10 PM
Noway it is normal..
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
hairstyles #39;My boyfriend Rupert Friend
jcgc
02-21 02:13 PM
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
indianindian2006
04-23 06:34 PM
Congratulations Googler
paskal
07-03 03:51 PM
I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
at the maximum, youngsters will do this once ..to get some American experience.
just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
at the maximum, youngsters will do this once ..to get some American experience.
just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
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