simple1
05-11 06:49 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
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 primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
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 primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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ilikekilo
05-27 12:22 PM
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
form immigrationlaw.com
Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed
The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
SEC. 713. SUPPLEMENTAL FEES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
Initially it was proposed to charge $10,000!!!
Regarding (6) above, it is not 10K, more like 5K.
form immigrationlaw.com
Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed
The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
SEC. 713. SUPPLEMENTAL FEES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
Initially it was proposed to charge $10,000!!!
cooldude0807
06-01 05:10 PM
I recd an RFE too even though i filed AC21 in feb. My lawyer sent the required docs & from May26th there has been a soft LUD everyday...the status says "Response to request for evidence received, and case processing has resumed". Also there is no RFE on my wife's case.
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MArch172008
06-05 01:20 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
more...
reddog
02-24 12:02 PM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I totally disagree with this idea.
infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
IV should not kick into protective mode cos of one tunnel rat.
the site and the forums should attract people from all walks of life, regardless of their immigration status.
what if i m a lawyer and want to respond to things or post new threads?
what if i m a citizen and want to reply to something i know?
what if i m a father of a h1b trying to find an answer on tourist visas?
I dont want a lengthly registration form for that.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I totally disagree with this idea.
infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
IV should not kick into protective mode cos of one tunnel rat.
the site and the forums should attract people from all walks of life, regardless of their immigration status.
what if i m a lawyer and want to respond to things or post new threads?
what if i m a citizen and want to reply to something i know?
what if i m a father of a h1b trying to find an answer on tourist visas?
I dont want a lengthly registration form for that.
JunRN
11-05 08:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
more...
FredG
May 1st, 2005, 07:27 PM
Spinning wheels on your 3rd and 4th shots in particular, with a blurred background, would give a very clear feeling of a dirt bike roaring into the air and the expectation of a dirt-spewing landing.Actually, he did get just that. But he was panning so fast that it took several hours for the blur to catch up with the rest of the image.
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bablata2007
11-27 03:44 PM
I-140 is approved. H1-B 8th yr. is valid till march 2008.
Thanks.
Thanks.
more...
njboy
09-11 01:38 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
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arc
06-17 02:33 PM
AC 21 allows you to change jobs 21 times. :)
come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.
When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?
come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.
When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?
more...
TexDBoy
09-10 09:32 PM
I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
and ... It is always least riskier to go to the consulate mentioned in the H1B application ...
and ... It is always least riskier to go to the consulate mentioned in the H1B application ...
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vinay076
10-31 10:27 AM
Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:
more...
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aillarramendi
11-12 08:45 PM
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I hope this can help.
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GCard_Dream
04-05 03:29 PM
I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.
I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:
* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)
So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.
1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?
Thanks in advance for your help.
I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:
* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)
So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.
1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?
Thanks in advance for your help.
more...
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HawaldarNaik
09-28 09:48 AM
No checks cashed, no reciepts in sight.
I grew up hearing that most of the things in America are right and extremely efficient.
However the 485 application processing has left me baffled...astounded...
Not that i am sad that my collegues who filed way way after i did got their reciepts, EAD etc....but the fact that i always thought that there was a proper process in place or atleast a mechanism where applications were processed based on date filed
Today when i call up the 1-800 no they either say 90 days not up...or if i lie and say 90 days up...they say not in the system and will take time...
I thought America was about accountability...responsiblity and ensuring that in case there are errors....prompt action is taken to address the same....i dont see that...at least in my case....
ur thoughts...
I grew up hearing that most of the things in America are right and extremely efficient.
However the 485 application processing has left me baffled...astounded...
Not that i am sad that my collegues who filed way way after i did got their reciepts, EAD etc....but the fact that i always thought that there was a proper process in place or atleast a mechanism where applications were processed based on date filed
Today when i call up the 1-800 no they either say 90 days not up...or if i lie and say 90 days up...they say not in the system and will take time...
I thought America was about accountability...responsiblity and ensuring that in case there are errors....prompt action is taken to address the same....i dont see that...at least in my case....
ur thoughts...
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sanju
04-30 10:02 PM
What is the agenda now?
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
more...
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nat23
05-22 04:22 PM
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
I would recommend you take up the new job and apply under the point based system. Right now they have 140K for EB categories and it will go down to 90K. So even if you keep your PD, you case will be retrogressed further.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
I would recommend you take up the new job and apply under the point based system. Right now they have 140K for EB categories and it will go down to 90K. So even if you keep your PD, you case will be retrogressed further.
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willigetagc
08-11 11:36 PM
that makes it tough.... Check with your lawyers. I presume your BC also mentions the name of the hospital where you were born.
If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....
Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.
If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....
Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.
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andycool
08-28 06:49 AM
Any one get refund from USCIS ??
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
I dont think USCIS will issue refund ....
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
I dont think USCIS will issue refund ....
rogerdepena
07-17 11:45 PM
haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.
GCard_Dream
04-05 03:29 PM
I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.
I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:
* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)
So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.
1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?
Thanks in advance for your help.
I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:
* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)
So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.
1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?
Thanks in advance for your help.
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