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indianabacklog
07-30 10:11 PM
Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
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fromnaija
07-30 10:52 PM
After some extensive search I found the answer I wanted at:
http://www.immigration.com/newsletter1/childprotac.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
http://www.immigration.com/newsletter1/childprotac.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
sac-r-ten
11-19 11:31 AM
I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.
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veni001
06-07 01:08 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
more...
nviren
10-26 04:05 PM
I did not see lot of approvals coming out from Nebraska this week.
Wondering why they are so silent?
Have they changed their focus?
Any ideas?
Wondering why they are so silent?
Have they changed their focus?
Any ideas?
highertruth
07-30 04:01 PM
YouTube - AAH - AAJA RE AB MERA DIL PUKARA (http://www.youtube.com/watch?v=eW2J7zLZwLU)
This is fun. Lets vote the best entry.
This is fun. Lets vote the best entry.
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lostinbeta
10-04 12:12 AM
Oh yeah "layer 1" just refers to the layer with the original shape and "layer 2" just refers to the layer with the fill. They assume you aren't giving names to your layers which is why they have it in quotes.
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chanduv23
04-23 09:17 AM
If you find this on your 140 approval notice
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
Then it is EB2.
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
Then it is EB2.
more...
radhagd
03-14 09:36 AM
I have tried this and I got my application returned. I know one more person in this forum has tried and was not successful.
I think that EB3 has to be approved(not just applied) before EB2 approval
Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
I think that EB3 has to be approved(not just applied) before EB2 approval
Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
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gjoe
08-21 05:53 PM
Since you have given your DOB and also I have seen some of your posts here are my predictions for you.
You are a person who is attached to your family and friends very closely. You feel disappointed when you think that they don't reciprocate the same kind of feelings towards you.
You have lots of passion towards whatever you choose to do, but when you see that you are not able to come to the top on that you will feel dejected and frustated.
You won't indulge in wasteful spending, but sometimes you go out of control with your spending for a short period of time.
You would be a very trustworthy person and you will be an average performer at work as far as others consider you.
You can acheive greater heights in life and career if you can focus and hang in there without diverting yourself due to restlessness or boredom.
To sum up the whole thing in a few words -" If you learn to persist you will see big successes"
All the best buddy.
You are a person who is attached to your family and friends very closely. You feel disappointed when you think that they don't reciprocate the same kind of feelings towards you.
You have lots of passion towards whatever you choose to do, but when you see that you are not able to come to the top on that you will feel dejected and frustated.
You won't indulge in wasteful spending, but sometimes you go out of control with your spending for a short period of time.
You would be a very trustworthy person and you will be an average performer at work as far as others consider you.
You can acheive greater heights in life and career if you can focus and hang in there without diverting yourself due to restlessness or boredom.
To sum up the whole thing in a few words -" If you learn to persist you will see big successes"
All the best buddy.
more...
pappu
07-28 12:09 PM
I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.
Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.
Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.
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gc_eb2_waiter
11-16 04:08 PM
From immigration-law.com
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
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nozerd
02-08 11:12 AM
Does anyone know if Transit visa is needed while travelling with Air India via London.
Asking since you dont change planes in London... you continue on same flight.
Asking since you dont change planes in London... you continue on same flight.
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rajev_kk
07-14 08:49 PM
Mine is a substitution case and have filed for 140. After reading this post, was thinking if I can file for 485. Mine was filed last week and I have not received the receipt for 140 as-yet. Can I ask my attorney to go-ahead and file for 485 even though I don't have a receipt? Is there anything that I should wait for?
Thanks.
Thanks.
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logiclife
02-01 06:40 PM
It doesnt matter who the President is, on issues of legal skilled immigration.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
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priya82
02-17 08:02 PM
Hello,
I have a question regarding my employment & H1B.
I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.
So I have applied for H1B transfer last week with company "B"
I got a call today from company "A" offering me a job.
Is it possible for me to work with company "A", while my application for H1B transfer is pending?
I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation
Any help in this matter will be greatly appreciated.
Thanks
I have a question regarding my employment & H1B.
I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.
So I have applied for H1B transfer last week with company "B"
I got a call today from company "A" offering me a job.
Is it possible for me to work with company "A", while my application for H1B transfer is pending?
I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation
Any help in this matter will be greatly appreciated.
Thanks
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h1bemployee
06-22 01:58 AM
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matreen
10-13 04:16 PM
My case reached USCIS on July, 12th and still waiting; nothing have been received yet...
I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.
I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.
Lets hope for the best....
M
I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.
I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.
Lets hope for the best....
M
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Dhundhun
07-10 06:30 PM
On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
Basically the H-1B with company Y required Change of Status (COS). I am not familiar with this type of situation - whether you can get change of status done in USA or not. If not I think this is a case, which requires Visa to be stamped in home country.
Could somebody throw more infromation on this? Thanks
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
Basically the H-1B with company Y required Change of Status (COS). I am not familiar with this type of situation - whether you can get change of status done in USA or not. If not I think this is a case, which requires Visa to be stamped in home country.
Could somebody throw more infromation on this? Thanks
parablergh
08-31 07:55 PM
Cant i use the I 94 attached to my 797 document.Will it not solve my problem.
Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.
Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.
Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.
Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.
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