mqualique
05-01 01:47 PM
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
wallpaper Heart
morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
sachuin23
11-18 06:11 PM
Done, Got replies from 2 senators.
2011 clip art heart love. Black And
sabbygirl99
03-28 02:38 PM
I have mulled over different options in my head for a long time. Here are some things I came up with:
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
more...
Canadian_Dream
07-08 09:07 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
pcs
07-02 10:01 AM
They say, it will reach by noon tomorrow
more...
surabhi
04-23 04:30 PM
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
2010 Heart Stock - Black, Black And
rmscandy2006
06-23 08:11 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
more...
kannan
05-19 04:39 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
On May 2 nd I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,I got the letter on next wednesday and i finished my fp on may 16 .
Options That I choose
1-800-375-5283
1
2
2
6
1
R.no
1
3
4
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
On May 2 nd I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,I got the letter on next wednesday and i finished my fp on may 16 .
Options That I choose
1-800-375-5283
1
2
2
6
1
R.no
1
3
4
hair Black and White Hearts Clip
jelo
02-15 11:43 AM
Man... I have been following this thread and just $1800 over a week?
Come on..folks donate for the cause, nothing is free..10 or 15 is nothing for us..
Come on..folks donate for the cause, nothing is free..10 or 15 is nothing for us..
more...
josecuervo
08-21 02:08 PM
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
hot lack and white photography
knnmbd
05-03 10:53 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
more...
house Love, Black and White,
msp1976
03-09 01:54 PM
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
tattoo lack love heart pictures.
acecupid
09-24 02:19 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
more...
pictures The Heartbreak love heart is
bostonqa
06-11 01:32 PM
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
dresses love heart. lack and white
setpit_gc
06-15 05:37 PM
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
more...
makeup lack and white quotes about
msp1976
05-06 07:11 PM
Who the heck dug up the depression thread...
It was away for a while guys.....Put it away...
It was away for a while guys.....Put it away...
girlfriend Lost Love is a series of lack
pandu_hawaldar
09-03 05:34 PM
Got CPO email today 09/03
EAD at TSC
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
EAD at TSC
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
hairstyles #heart#photography#lack
sparklinks
08-13 02:43 PM
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
Mine also EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC BUT non of my checks were cashed:confused:
Mine also EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC BUT non of my checks were cashed:confused:
ssingh92
01-13 08:16 PM
I am trying to switch employer. The job title and job description is similar what written in my I140. At least 75% job duties are included in new job duties. But none of new employers where I found employment ready to write job duties. What is the other way to show that I am doing similar job duties. Should I keep scree shot of JOB add? Any idea.
Also my current EAD will expire in Aug,2011 I have to file extension in April. Employer asks if extension is denied... How to explain new employers.
If job title is exactly same as written in I140/labour does it still require to show job duties written by employer to USICS.
Thanks in advance.
Also my current EAD will expire in Aug,2011 I have to file extension in April. Employer asks if extension is denied... How to explain new employers.
If job title is exactly same as written in I140/labour does it still require to show job duties written by employer to USICS.
Thanks in advance.
diptam
06-22 11:28 PM
Using spouse's name is a great idea ...
If i say i'm joining Masters Program then also they wont give the Letter
- they dont want to lose the FAT billing rate out of me.
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
If i say i'm joining Masters Program then also they wont give the Letter
- they dont want to lose the FAT billing rate out of me.
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
No comments:
Post a Comment