vgayalu
07-25 12:12 PM
Dear Friends,
What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
If it is really a law then they should say aome thing about the method of calculating cut off dates.
Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
Please discuss with senior attorneys and DHS and DGS officials.
With regards,
vgayalu
What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
If it is really a law then they should say aome thing about the method of calculating cut off dates.
Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
Please discuss with senior attorneys and DHS and DGS officials.
With regards,
vgayalu
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vandanaverdia
09-11 12:13 PM
^^^ bump ^^^
kumarc123
02-12 02:48 PM
You mean PUBLIC !!
Thanks .... you made me laugh after greyhair beat the daylights out of me!!
Thanks , haha
just corrected it, at least I made someone laugh
Thanks .... you made me laugh after greyhair beat the daylights out of me!!
Thanks , haha
just corrected it, at least I made someone laugh
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nixstor
03-18 06:53 PM
Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
more...
leoindiano
03-17 10:18 AM
Porting cases needs more research and with USCIS performance, you can say that it may have little impact on 2004 cases. The substitution cases filed in July are of 2005 and after cases. 2003 and 2004 cases all substituted before and i believe that is what created this mess for you and me.
nojoke
01-20 12:32 PM
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
more...
gvenkat
10-21 12:38 PM
/* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
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downthedrain
02-03 10:31 AM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
more...
BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
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nlssubbu
08-06 05:46 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.
Wishing you to get your GC soon :)
I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.
Wishing you to get your GC soon :)
more...
javadeveloper
12-12 03:56 PM
No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country.
They'll definitely listen , but It takes some time , may be 5,6 years
They'll listen to you in 1 year if you have "extraordinary ability(EB1)"
They'll definitely listen , but It takes some time , may be 5,6 years
They'll listen to you in 1 year if you have "extraordinary ability(EB1)"
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vandanaverdia
09-11 12:04 PM
Help IV help you...
Come to DC....
Lets join hands & lets be heard!!!!
GET UP!!!
STAND UP FOR YOUR RIGHTS!!
Come to DC....
Lets join hands & lets be heard!!!!
GET UP!!!
STAND UP FOR YOUR RIGHTS!!
more...
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arnab221
09-26 09:39 AM
This is bad what has happened. They need to be educated about the protest.
Is there any email address to the CNN editor? I can writeup a message about this.
You can send the message to editor from the message itself . We should all do that and educate them about what we really need .
Is there any email address to the CNN editor? I can writeup a message about this.
You can send the message to editor from the message itself . We should all do that and educate them about what we really need .
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a_yaja
12-28 03:25 PM
Please excuse my ignorance,,but what is 529
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
more...
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Macaca
07-17 09:19 AM
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks
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dreamgc_real
07-02 09:21 AM
I think the new reference # for the Sanders Amendment is now
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
more...
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pmb76
07-16 09:15 PM
Someone mentioned that IV has the same web fax facility. Can someone tell us how to use this facility. I registered with the numbersusa site and used their own fax to send out our message. I used the first name, last name and address form fields to put in our message like, "Bunch of Lies", "H1 pay all taxes", Numbersusa is spreading false information". Lets beat them at their own game by sending faxes ourselves and also using their fax service to spread our message. If its a good idea, please register on their site and send out faxes with our message.
Well said. I totally agree with you. Admin please bump up this thread so we may correct the facts on behalf of numbersusa :D
Well said. I totally agree with you. Admin please bump up this thread so we may correct the facts on behalf of numbersusa :D
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amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
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nomi
12-12 04:02 PM
instead of sending emails and faxes which will likely get thrown out with yesterday's trash, how about a large group of us get together and schedule a meeting directly with DOL and USCIS officials?
In person gets more attention. maybe we can even generate some press for this if it is a large enogh group
I like you idea and I am with you. Would you please take a lead of this task or let me know what to do next ??
thx.
In person gets more attention. maybe we can even generate some press for this if it is a large enogh group
I like you idea and I am with you. Would you please take a lead of this task or let me know what to do next ??
thx.
snathan
04-03 11:57 PM
tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
I really admire the perseverance the core shows in moving forward.
If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.
Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.
Well said...every now and then some one will pop up with some questions and attack on IV and core... Typically it used to be like this
1. Coming up one proposal with no proper plan
2. Attack on core and asking what the core is doing all these days...?
3. What is preventing core from doing this and that...?
Dont you guys understand that core members also volunteer, they do have their full time job and family. If you believe in something you need to lead the effort. You can not expect others to work and execute your half baked ideas. Come up proper plan and convince others. Otherwise actively take part in IV issues, join state chapter. Contribute more time if you can not contribute money. Build your reputation and others will follow you.
See this Guy who op-ed this thread...once in a week/two he comes here for time pass. He is questioning everyone and advocating to contribute for the recapture though he is not even contributing a penny so far. Dont you think its funny.
I really admire the perseverance the core shows in moving forward.
If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.
Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.
Well said...every now and then some one will pop up with some questions and attack on IV and core... Typically it used to be like this
1. Coming up one proposal with no proper plan
2. Attack on core and asking what the core is doing all these days...?
3. What is preventing core from doing this and that...?
Dont you guys understand that core members also volunteer, they do have their full time job and family. If you believe in something you need to lead the effort. You can not expect others to work and execute your half baked ideas. Come up proper plan and convince others. Otherwise actively take part in IV issues, join state chapter. Contribute more time if you can not contribute money. Build your reputation and others will follow you.
See this Guy who op-ed this thread...once in a week/two he comes here for time pass. He is questioning everyone and advocating to contribute for the recapture though he is not even contributing a penny so far. Dont you think its funny.
GCVictim
07-23 02:55 PM
my lawyer also told same thing, no need employer letter for 485.
Only I submitted letter for LC and 140 only.
So, according to my knowledge no need of employer letter
Only I submitted letter for LC and 140 only.
So, according to my knowledge no need of employer letter