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  • simple1
    05-12 12:41 PM
    Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


    Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

    Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

    I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
    Please comment only in the member and donor threads and Let us keep this for Attorney only.





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  • asterix
    02-17 10:13 PM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006





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  • yabadaba
    06-22 05:31 PM
    yes typically it is the Service center that has approved your 140





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  • kawosa
    08-19 12:53 PM
    Yep, just passed level III , today. Now will start applying for the charter.

    you must be a happy man today! congrats again.....

    I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..

    I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?



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  • immi_enthu
    08-28 09:39 AM
    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you

    is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?





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  • nyte_crawler
    05-11 01:47 PM
    Some guy took most of the needed time talking about citizenship. Jeez.



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  • rajuram
    11-04 09:19 PM
    I don't think that is possible......unless you filed it and it got returned...



    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?





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  • ch102
    02-10 10:14 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.


    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.

    Dont worry CIR will not happen !!!
    The Oh Law Firm (http://www.immigration-law.com/)
    OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
    The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.

    *****************************
    Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)

    Time is running out
    As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.

    As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.



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  • gc_kaavaali
    07-09 12:19 PM
    If you don't get your EAD renewal card you should stop working. Because it is illegal.

    As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.

    I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?

    I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.





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  • maco
    08-10 11:09 AM
    I got the info from my friends attorney.
    i want to verify it with my attorney but he is not lifiting phone. he is too busy



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  • amsgc
    07-31 09:40 PM
    I don't think your mom should overstay the visa - not a good idea at all.

    Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.

    BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.





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  • jchan
    05-14 05:26 PM
    Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.

    I was about the say the same thing. I still remember vividly when the 20k new H1B was made available and the nervous waiting for that to be implemented back then. Whew, can't believe it's been 4 years an I am still stuck in this same old waiting game.



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  • gc_kaavaali
    09-16 03:55 PM
    Take a break of being responsible man.

    Education....
    Job...
    Nice life to parents and siblings...
    Marriage...
    Nice life to wife...
    kids...
    nice life to kids...

    THIS LIST NEVER ENDS. I WOULD SAY TAKE A BREAK BEING RESPONSIBLE MAN. :cool: You know what i mean to say!!! DO WHATEVER YOU WANTED TO DO FOR FEW DAYS (ATLEAST)


    I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..





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  • immiusa
    06-16 09:18 AM
    Hi,

    Pay stubs & Tax returns for all your stay in USA are most important. Some times, you may be asked to submit w2 form for all your employer changes. If you have worked with company that had a H1B transfer denial, You need to have pay stubs & w2 form from that company also.

    The office at any USA consulate may ask you the following items,
    1. recent pay stubs (Probably for 3 months)
    2. W2 form from your old company & new company (If you have worked for 2 companies in the FY 2007.
    3. Last pay stub from your old company & first pay stub form your new company. This is to verify your continuity on the work



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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;





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  • Ramba
    10-17 05:28 PM
    Hi,

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?

    Thanks,

    In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.



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  • kriskris
    08-22 02:47 PM
    you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
    one of my co-workers got it renewed based on H1 receipt. and we are in FL.

    Sukhwinder,

    They are not accepting the receipt notices in Dallas. They don't even listen to you if you try to explain them. All they do is ask for I-94 and gives us a paper that contains what all documents can be accepted.
    Thanks
    Krishna





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  • zofa30
    09-14 05:04 PM
    Thanks a_yaja and thanks for all who helped me in this issue,
    Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.

    I have a couple of questions that will help me to figure out what to do:

    1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?

    2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
    Thanks.





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  • digital2k
    08-06 12:35 PM
    *





    averagedesi
    09-08 01:21 AM
    When is your infopass appt?





    satdal
    12-31 02:18 PM
    I am a July16th filer (EB3-India,May2002 PD). We just recd the FP notices on 29th Dec. Though EAD,AP were recd pretty fast, it took till Dec21st to get our FP notices generated. Both my wife and I opened SRs. We got totally different explanations on the SR response letters. Mine was a ridiculous explanation.
    I also took infopass appts, but didn't see any use from them. So, my opinion is - just hang in there. You will be getting it soon ! Opening a SR or calling USCIS or even taking an infopass appt mayn't help. It's a matter of time before the FP notice comes ....Hope this info helps !

    SATISH.



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