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  • Lasantha
    02-18 12:07 PM
    I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..





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  • waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.





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  • bombaysardar
    07-23 03:35 PM
    J. BARRRET - Jul 2nd at 10:25 AM

    same person, same time :)





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  • Pankaj
    08-15 01:24 PM
    My understanding is:

    I think in VA you are partially protected against the non compete law.
    If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.

    But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.

    Search on google, you might get good reasonable description of non compete law in VA.



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  • ramus
    06-15 09:14 AM
    Great.. Thank you..

    Very good thred.


    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.





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  • BharatPremi
    03-13 11:25 AM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.

    Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.



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  • vhd999
    06-21 12:18 PM
    Thanks for the update...

    Did you have to redo the medical or the USCIS was happy with the original medical exam that was submitted in April 2004?





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  • sanjay
    02-23 10:21 PM
    I need an info from some one who had filed AC21 with an attorney. I want to apply my AC21 and asked my attorney to do so. But he is asking for $1500.00. Is this amount normal or I was asked for an abnormal amount. I thought its just informing USCIS by sending a letter only. But, is he charging me $1500 just to draft a letter?

    I am looking for a constructive answer instead of vague assumptions / replies. It's an urgent issue for me to deal with.



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  • shana04
    05-15 08:41 PM
    Friends,

    I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.

    For my self
    1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary

    2. Current address proof

    For my Spouse
    1. Missing G325-A need to submit one (but I did send them initially)
    2. Evidence that you maintained non immigrant status

    Please let me know if there is any attorney who is good and affordable

    Thanks in advance
    Shana





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  • falarcari
    04-05 09:31 AM
    Хеллоу all!
    Посмотрите на сайт:

    Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)

    Когда последний раз вы сами их подписывали? А вот если к нему будет прилагаться милая открытка со словами, которые будут идти от вашего сердца, то ваше поздравление уж точно запомнится надолго и будет действительно индивидуальным. Тебе, его просто выпихивают из гнезда, полетит - не полетит, разобьется - не разобьется. поздравительные открытки из бумаги (http://omegaewaldjk.narod2.ru/part5/pozdravitelnie-otkritki-iz-bumagi.html)

    Рассмотрим несколько критериев, которым должна соответствовать типография. Пусть в этот чудный праздник, Пусть в эту волшебную ночь Под звон фужеров хрустальных Уйдут все невзгоды прочь. Виртуальные открытки электронные открытки влюбленных или годовщину совместной канцелярские товары, керамические горшки все виды печатных работ. mms открытки с днем рождения (http://jodiwet99bc.narod2.ru/part5/mms-otkritki-s-dnem-rozhdeniya.html)


    Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
    _______
    Спасибо



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  • walking_dude
    08-02 10:53 AM
    Thanks Santb1975, Natrajs. Sanju, that's a dangerous proposition... I might kiss you back :).

    Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

    Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.





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  • balimysore
    08-06 11:29 AM
    Hi Guys (and gals)
    My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!

    Now at least I know that they do process the cases that were transfered. aat0995: Can you please mention your USCIS receive date for I 140.

    Mine was received by NSC on Mar 22, 2007 and transfered to TSC on Apr 29 2008. I am on EB3.



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  • rkp27
    07-11 12:02 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...





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  • solaris27
    10-28 11:32 AM
    Untill you have somthing written it will be very diffecult to prove in court.

    Don't waster your money in court cases its very expensives .

    Talk to any good attorny and find one which can work on % bases if you still want to go to court .



    thanks



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  • aubiem
    January 28th, 2008, 11:35 AM
    Hi there,
    I'm a newbie with DSLR's. I am using a D40x with a SB400 speedlight that I use to bounce light off the ceiling. I take a lot of photos of my daughter who goes a mile a minute. I have found that she is out of focus because it picks up something closer.

    How do I take a shot that will have the entire shot in focus? What settings would I use? With 10 megapixels sometimes I want to get the shot and crop/frame it later. With kids it's impossible to set everything right before the shot is gone!

    A sample of my photography is here:
    http://www.flickr.com/photos/shannonkay/sets/72157603798813662/detail/?page=3

    Thanks so much!
    Shannon





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  • stucklabor
    03-22 04:01 PM
    All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

    Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

    Sec 202(a)(3):
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    Our analysis:
    This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

    Sec 202(a)(5):
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Our analysis:
    Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.



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  • GCHope2011
    09-17 11:19 AM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
    Thanks for taking time to provide a closure to this topic for everyone's benefit.

    And wish you the very best for your next steps.





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  • karthkc
    03-20 12:04 PM
    RoseBall,, here is my query..Please answer


    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks

    You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.

    If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..

    My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....





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  • panky72
    08-03 01:47 PM
    Panky,

    Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"

    Thanks ebizash. Updated my signature.:)





    rayoflight
    03-18 12:30 PM
    Hi gc_on_demand:

    Great Analysis! What are your predictions for EB3 for this year?

    You mean to say that EB3 (40K) is already used up for this year :-(

    Thanks,
    Rayoflight





    neerajkandhari
    03-16 08:52 AM
    Can I work for the same employer as a contractor (1099)
    I dont want to be on payrorle with the company for whom i work



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