dvb123
09-07 11:58 AM
Other gurus can answer in a detailed manner. I am going to very short. Chinese Eb3 have filed for an injunction stating that they need to be allocated visa numbers because in 2008 and 2009 they were overlooked because DOS could not count the inventory of EB3 properly.
DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.
Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction
Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.
DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.
Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction
Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.
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alien2006
11-06 11:34 AM
I am not an immigration expert, but don't you need to show spouse's valid H1 visa to get a H4 visa? ... Unless both spouses are applying for their respective visas at the same time.
cox
June 19th, 2005, 08:05 AM
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Waitingnvain
07-31 05:58 AM
If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.
more...
chanduv23
07-15 07:32 AM
Found this interesting information on the shusterman.com.
"The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."
Complete article can be found in:
http://www.shusterman.com/feb05.html
Any updates or insights into the above article....
Contribution so far: $50.
Looks like its old stuff
"The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."
Complete article can be found in:
http://www.shusterman.com/feb05.html
Any updates or insights into the above article....
Contribution so far: $50.
Looks like its old stuff
vselvam
10-29 02:17 PM
H1-B Extension after 6 years.
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
more...
saveimmigration
06-23 03:29 PM
All except NIW eligible
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gk_2000
11-05 04:46 PM
There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
more...
MLS
09-29 02:42 PM
We have done FP thrice and they took finger prints of tips (the top 1/3 ) of th fingers. They did not took finger prints of whole hand. But for us they took finger prints of both left and right hand fingers.
Hello,
i feel down recently and i scraped my hand on the concrete, and i am worried about finger printing which i have soon. My palm is scratched mostly and smy fingers on my left hand are also scratched, most of my right hand is okay but there are some scratches too.
Do they take prints of the whole hand or just the index finger?
Thank you
Hello,
i feel down recently and i scraped my hand on the concrete, and i am worried about finger printing which i have soon. My palm is scratched mostly and smy fingers on my left hand are also scratched, most of my right hand is okay but there are some scratches too.
Do they take prints of the whole hand or just the index finger?
Thank you
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reachinus
07-20 12:38 PM
Hi All,
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
Usually Receipt notices will not have PD's only the approval notice's will have the PD's. Check you 140 Receipt/Approval notice as well. Its OK.
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
Usually Receipt notices will not have PD's only the approval notice's will have the PD's. Check you 140 Receipt/Approval notice as well. Its OK.
more...
indio0617
11-10 09:40 AM
Yes. I-134 is required. Make sure you send copies of all the pages in your passport (including blank ones).
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perm_res_app
07-27 08:48 PM
Hi folks,
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
Any suggestions are most welcome. Thanks in advance.
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
Any suggestions are most welcome. Thanks in advance.
more...
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SeanDell
07-09 09:58 PM
Under the new fee structure, does the NO FEE apply only to the initial set of AP documents or also to all the subsequent renewals of AP I-131 document.
Thanks.
Thanks.
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arunkotte
02-26 01:58 PM
Discussion about Skil Bill
http://www.cnbc.com/id/15840232?video=182664970#
Here is the article about Skill shortage
http://www.cnbc.com/id/17188440
http://www.cnbc.com/id/15840232?video=182664970#
Here is the article about Skill shortage
http://www.cnbc.com/id/17188440
more...
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bbct
02-20 12:58 PM
TSC processing times for Feb is out.
I-485 has advanced to 18th July 07.
https://egov.uscis.gov/cris/processTimesDisplay.do?type=serviceCenter
NSC says 4 months. What does this mean?
I-485 ------ Application to Register Permanent Residence or to Adjust Status ------ Employment-based adjustment applications ------ 4 Months
I-485 has advanced to 18th July 07.
https://egov.uscis.gov/cris/processTimesDisplay.do?type=serviceCenter
NSC says 4 months. What does this mean?
I-485 ------ Application to Register Permanent Residence or to Adjust Status ------ Employment-based adjustment applications ------ 4 Months
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glus
09-24 09:03 AM
Hello,
It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.
It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.
more...
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Seb Hughes
05-07 06:06 AM
Wow that is crazy
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moonrah
05-11 06:23 PM
I think you are talking about labor certification, but how about I-140
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RandyK
03-27 03:06 PM
Do both have to go for the visa interview?
Or can my wife go an get this ?
Or can my wife go an get this ?
nozerd
02-08 05:13 PM
If they are Singapore Passport holders they dont even need visa. Singapore (last I knew atleast) was a visa waiver country.
dunkin
06-26 02:16 PM
hi guys,
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
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