indio0617
12-20 01:41 PM
Hi everyone,
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
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makemygc
07-08 01:41 PM
Nice coverage by immigration-law on Gandhigiri:-
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
mygoodluck
08-13 04:11 PM
Just wanted to see how many duplicate application USCIS will get this week.
My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.
My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.
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abhishek101
11-02 11:33 PM
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
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kc_p21
02-25 06:15 PM
I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.
vbkris77
11-30 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
more...
kumar1
07-27 04:18 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Guys....please say....well said (pat on my own back)
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lazycis
12-18 07:19 PM
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).
2. Yes, until you get a GC you may need to prove that your I-140 is still valid.
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).
2. Yes, until you get a GC you may need to prove that your I-140 is still valid.
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lonedesi
04-01 05:39 PM
Please note that there are two webfaxes (10 & 11) to be sent...not just one.
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anilsal
02-10 10:17 PM
a FP appointment notice.
Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?
Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?
more...
vkannan
02-11 01:45 PM
Looking at the .PDFs and the law on spillover, I agree with MPADAPAs analysis. Still hope that there would be spillovers from unused EB visa...sure it will be less compared to last year....but atleast feel/hope it would be enought to get through 2006....atleast for EB2 guys....
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rsayed
04-13 11:26 AM
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
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thakurrajiv
07-02 03:10 PM
My company paid for attorney fees. I dont know the amount for that.
My pocket expense
$380 - medical tests
$60 - photographs
$50 - mailing fees.
Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.
My pocket expense
$380 - medical tests
$60 - photographs
$50 - mailing fees.
Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.
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Berkeleybee
03-10 12:41 PM
Sbdol,
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
more...
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PingMe
07-02 05:09 PM
My spouse and I filed 2 AOS applications, with each being primary and dependent to each other.
Total cost for Medicals -> $610
Attorney fees for the spouse thru husband's company -> $800
Attorney fees for the spouse through my company -> $3500
Photographs/Travel/Photocopies -> $300
Application fees thru husband's company-> $1450
Application fees thru my company-> $790
Total -> $7450 :-(
Total cost for Medicals -> $610
Attorney fees for the spouse thru husband's company -> $800
Attorney fees for the spouse through my company -> $3500
Photographs/Travel/Photocopies -> $300
Application fees thru husband's company-> $1450
Application fees thru my company-> $790
Total -> $7450 :-(
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satyab7
04-01 09:12 PM
Dear IV Members,
I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)
Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.
I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.
Very good efforts !!!!
Thank you.
I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)
Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.
I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.
Very good efforts !!!!
Thank you.
more...
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gadde
02-13 10:43 AM
HI SHANA,
Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?
Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?
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fearonlygod
02-12 01:50 AM
He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
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drona
08-31 11:26 PM
Please tell me why you are not going to the Rally? Would really like to see you all there.
belmontboy
11-25 11:58 PM
Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?
One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.
One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.
vishwak
02-11 01:46 PM
Try consulate German Consulate and they will reply quickly.
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