realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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dish
01-10 10:27 PM
We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!
irock
08-07 11:04 PM
It is not good idea. In DS-156 you need to specify whether you are married or not. And also you need to specify if spouse/brother/sister.. is there is US.
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
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Dhundhun
07-19 06:43 PM
That was an attempt at humor. Looks like it was misunderstood. :)
You are abusing some institution and trying to name it a humor. Anyway this was my personal opinion.
You are abusing some institution and trying to name it a humor. Anyway this was my personal opinion.
more...
MDix
11-04 10:46 AM
Upcoming month's visa bulletin: December 2009 (coming soon)
Visa Bulletin (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
Visa Bulletin (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
Springflower
01-28 01:42 PM
We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
more...
Almond
11-03 01:06 PM
I'm a red now, too!!:D And I didn't even say anything bad! Do you all have nothing else better to do than click away at your computers just because you don't like some comment someone is making!? Sad, sad individuals, I wonder how you act in real life. Good laugh though, thanks :).
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whattodo21
12-08 09:31 AM
If an RFE is issued, how long does it take to get EAD/AP? Will the USCIS still honor the 90/120 day issuance?
more...
ibmguy
07-06 02:38 PM
I'm on HB1 but my visa which was issued based on previous H1B has expired. My current HB1 is going to be extended in a few months. I kept postponing my travel to India because of the hassle involved in re-validating visa. I will have to use time off my vacation to get the visa stamp. I did not travel for almost three years. Now, I must travel in November and have no option but to go through the cumbersome process of visa revalidation. It would be such a blessing if I could get the stamping done here.
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rvr_jcop
02-21 12:38 AM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
more...
Gravitation
07-06 04:02 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
22 diggs already. 500 diggs will make it a top story!
22 diggs already. 500 diggs will make it a top story!
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chakdepatte
08-05 02:38 PM
NSC: July 2nd 2008
Received Paper Receipts: July 08th 2008
EAD Card Ordered Aug 05th 2008
Received Paper Receipts: July 08th 2008
EAD Card Ordered Aug 05th 2008
more...
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downthedrain
02-18 04:39 PM
another LUD today for me 02/17
Another LUD 02/18...probabaly another RFE
Another LUD 02/18...probabaly another RFE
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delhiguy
07-06 03:24 PM
As per the website its brodcasted on these days
Monday-Friday, 6:30-7 p.m. ET;
I hope they havent postponed it till monday
Monday-Friday, 6:30-7 p.m. ET;
I hope they havent postponed it till monday
more...
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ash0210
03-21 12:19 PM
logiclife, finding 6 members in Cleveland & 6 in Coulmbus..trying to reach them. Thinking of forming 2 local groups for conveniece to meet local legislators..
Guys from Ohio, pl respond thru pm or thru this open forum..
This has also been sent thru newsletter. If you did not get the newsletter, then update your profile here and check to see if your email address is correct.
Meet your Legislators:
Immigration Voice plans to organize a nationwide meet-the-lawmaker drives in every state and every district. Two of our volunteers � Varsha and Sanjay � would be helping us to organize this. If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.
Feel free to ask Varsha and Sanjay for any other questions that you have. They have met with their Congressmen and Senators a few times and they would be glad to help you do the same thing in your state and district.
A Perfect Opportunity:
This is the perfect time to meet the lawmakers, as they would be in their constituencies just before they go back to work on Immigration this spring and summer. In order to capitalize on this opportunity, it is very important that everyone meet with his or her legislators locally during this Easter recess of Congress. The members of the House will be in their districts between 2nd April and 13th April. The members of the Senate will be in their states between 2nd April and 9th April.
Please use the time between now and the Easter recess to seek appointments to meet with your Congressmen and Senators in order to draw their attention on the need for reform in high-skills immigration.
Thanks,
Immigration Voice.
Guys from Ohio, pl respond thru pm or thru this open forum..
This has also been sent thru newsletter. If you did not get the newsletter, then update your profile here and check to see if your email address is correct.
Meet your Legislators:
Immigration Voice plans to organize a nationwide meet-the-lawmaker drives in every state and every district. Two of our volunteers � Varsha and Sanjay � would be helping us to organize this. If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.
Feel free to ask Varsha and Sanjay for any other questions that you have. They have met with their Congressmen and Senators a few times and they would be glad to help you do the same thing in your state and district.
A Perfect Opportunity:
This is the perfect time to meet the lawmakers, as they would be in their constituencies just before they go back to work on Immigration this spring and summer. In order to capitalize on this opportunity, it is very important that everyone meet with his or her legislators locally during this Easter recess of Congress. The members of the House will be in their districts between 2nd April and 13th April. The members of the Senate will be in their states between 2nd April and 9th April.
Please use the time between now and the Easter recess to seek appointments to meet with your Congressmen and Senators in order to draw their attention on the need for reform in high-skills immigration.
Thanks,
Immigration Voice.
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gc28262
02-21 08:06 AM
ICE do site visits to investigate employers. It happened to one of my former colleagues. What officer did was to verify that he was a genuine H1B employee. The officer visited his manager at client's place and verified his duties.
However I haven't heard an officer visiting one's home.
However I haven't heard an officer visiting one's home.
more...
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GCInThisLife
07-19 12:52 PM
The company filed for her H1B COS which was approved with new I-94. Lot of people with consulting firms especially spouses would be in similar situation and while following the forums, I haven't heard many denials with this reason i.e., joining the employer a little later for H1B approval.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
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desi3933
06-20 05:24 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
USCIS can deny I-485 application if it is missing "initial evidence". In this case it is approved & active I-140 and Employment Verification Letter from GC Employer.
Also, the USCIS published a new rule that allows the USCIS to have more discretion over shortening of the time frame for responses to RFE from previous 12 weeks to any period of time which they see fit.
Google for USCIS Announces Flexible Response Times
USCIS can deny I-485 application if it is missing "initial evidence". In this case it is approved & active I-140 and Employment Verification Letter from GC Employer.
Also, the USCIS published a new rule that allows the USCIS to have more discretion over shortening of the time frame for responses to RFE from previous 12 weeks to any period of time which they see fit.
Google for USCIS Announces Flexible Response Times
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kode
02-10 10:11 AM
thank you very much legoman =)
and thank you to those who voted for me :)
and a another thank you to eilsoe since hosting the kastle ;) i wanted to say it before but i completely forgot .. sorry :-\
and thank you to those who voted for me :)
and a another thank you to eilsoe since hosting the kastle ;) i wanted to say it before but i completely forgot .. sorry :-\
abhijitp
07-08 01:05 AM
http://youtube.com/watch?v=qP79UslTUr8
Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?
Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?
bidhanc
03-22 09:14 AM
All NY members - New York City, upstate ... please join this mailing list
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
Hi,
I have added myself under the name boss_bid.
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
Hi,
I have added myself under the name boss_bid.
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