gc_wow
07-25 12:42 AM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF “OTHERWISE UNUSED” NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
If spill over has to happen every quarter as per the detail in above statement, why USCIS is not doing quarterly spill over, it looks like they are still doing annual spill over in to EB2 I and C. My question is am I interpreting the law correctly.Thanks for your help.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
If spill over has to happen every quarter as per the detail in above statement, why USCIS is not doing quarterly spill over, it looks like they are still doing annual spill over in to EB2 I and C. My question is am I interpreting the law correctly.Thanks for your help.
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Jason31586
07-08 12:01 PM
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shukkoor007
11-05 08:21 AM
I am an Indian, currently working in Saudi Arabia. Just paid my IV fee to NVC, and waiting for Package-3. As far I understand regards to Police Clearance Certificate, I need to get Police Clearance from
1. Indian embassy from Saudi Arabia (as Saudi PCC are not available for third country citizen residing in the kingdom) and
2. Local and District police stations from India, where I stayed more than 06 months.
As per Indian embassy web site to apply for PCC, need Letter from Embassy which has asked for Police Clearance Certificate (where from I can get this letter??)
I heard from my friends, its very hard to get PCC form local and District police office in India for NRI�s (anybody experienced similar situation, please just guide us/ is it take time?? )
One more doubt , is it possible get police clearance without Package-3 (? Any special form for PCC in Package-3)
Thanks you very much for your help & guidance in advance.
1. Indian embassy from Saudi Arabia (as Saudi PCC are not available for third country citizen residing in the kingdom) and
2. Local and District police stations from India, where I stayed more than 06 months.
As per Indian embassy web site to apply for PCC, need Letter from Embassy which has asked for Police Clearance Certificate (where from I can get this letter??)
I heard from my friends, its very hard to get PCC form local and District police office in India for NRI�s (anybody experienced similar situation, please just guide us/ is it take time?? )
One more doubt , is it possible get police clearance without Package-3 (? Any special form for PCC in Package-3)
Thanks you very much for your help & guidance in advance.
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doshhar
07-04 01:24 PM
Illegal non-immigrants did the rally to local USCIS offices. It would be good if we pick one day in 2nd week of July and have a rally to local USCIS offices. This will immediately catch the media attention.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
more...
pappu
11-13 08:09 PM
http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf
In case someone is interested in studying the transformation program by USCIS. This document by USCIS is dated March 2007.
The latter pages show a table of comparison.
In case someone is interested in studying the transformation program by USCIS. This document by USCIS is dated March 2007.
The latter pages show a table of comparison.
Sravanth
10-10 03:40 PM
Any update please...
more...
stlus
06-15 02:43 PM
Hi
I have applied for I-140 thro Substitute in March 2006(15 months ago) and I got a query on my education and company financial status in August 06 and attorney replied back to query in the month of October 2006.
When I check my status online shows as "we received your application on October 20th 2006 and in process".
Last month there was an updated date on 05/25/07 on my case and when i checked with employer, he says we have not yet received any information from USCIS to attorney.
Now the attorney says, we will be Re-filing my case, as one case got denial from my company (Not mine itseems). So that we will get new Receipt Number as I have only 8 Months left on my H1 and we can apply for 1 year extension meanwhile before 6 months of H1 expiry.
Is it a good idea to re-file I-140 from the same Service Center(NSC)?
or Can I apply in PERM now as I have only 8 months on my H1.
Pl. suggest.
I have applied for I-140 thro Substitute in March 2006(15 months ago) and I got a query on my education and company financial status in August 06 and attorney replied back to query in the month of October 2006.
When I check my status online shows as "we received your application on October 20th 2006 and in process".
Last month there was an updated date on 05/25/07 on my case and when i checked with employer, he says we have not yet received any information from USCIS to attorney.
Now the attorney says, we will be Re-filing my case, as one case got denial from my company (Not mine itseems). So that we will get new Receipt Number as I have only 8 Months left on my H1 and we can apply for 1 year extension meanwhile before 6 months of H1 expiry.
Is it a good idea to re-file I-140 from the same Service Center(NSC)?
or Can I apply in PERM now as I have only 8 months on my H1.
Pl. suggest.
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dil_ip3
04-07 02:50 PM
I am an employee in a TARP company and according to the company rules, I must be given a notice (of 2 months) before being Fired/laid off. I was hired on H1-B and the company has processed my I-140 and waiting on my priority date getting Current.
My H1-B has to be extended now and the company's lawyers say they have not yet decided about their policy on H1-B extensions. It is expiring in the last week of this month and they have not filed yet nor they say they won't file.
According to the rules, can they just say that they will not be filing my H1-B extension as the company policies have changed? But I am still an employee, and this way I will not be given my notice period. Any suggestions please.
My H1-B has to be extended now and the company's lawyers say they have not yet decided about their policy on H1-B extensions. It is expiring in the last week of this month and they have not filed yet nor they say they won't file.
According to the rules, can they just say that they will not be filing my H1-B extension as the company policies have changed? But I am still an employee, and this way I will not be given my notice period. Any suggestions please.
more...
v_panneert
04-07 05:32 AM
Hi,
I am a Indian. I got the L1 VISA on Mar-2008 and it is valid till Mar-2011. I have been to US with this VISA for 8 months during 2008. After returning from US, i have lost my I-129 and I-797 forms. I have the chance to goto US with same VISA but i donot have I-129 and I-797 forms.
Please let me know is it possible to get the papers back? I have enquired with my employer and they are saying that, it is very difficult to get the papers for the VISA which was issued 2 years back. Even, I donot have copies of I-129 and I-797.
Please advise me on this issue.
I am a Indian. I got the L1 VISA on Mar-2008 and it is valid till Mar-2011. I have been to US with this VISA for 8 months during 2008. After returning from US, i have lost my I-129 and I-797 forms. I have the chance to goto US with same VISA but i donot have I-129 and I-797 forms.
Please let me know is it possible to get the papers back? I have enquired with my employer and they are saying that, it is very difficult to get the papers for the VISA which was issued 2 years back. Even, I donot have copies of I-129 and I-797.
Please advise me on this issue.
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pcdoc
01-26 10:39 PM
I got green card through marriage. My wife is a US citizen and I came here legally and was in legal status(F-1) before getting married. We got married in August 2005. I applied for green card following year and finally got my card approved March 2008. I got a conditional residence which expires March 2010. I did all paperwork myself. My wife recomend me for an attorney for removal of condition. Attorney tells me that USCIS screwed up and sent me a conditonal residence card as under,"Immigration Marriage Fraud Amendments Act of 1986 (IMFA) on November 6, 1986. INA � 216, 8 USC � 1186a","Under IMFA, an �alien spouse� who obtained the status of an alien lawfully admitted for permanent residence by virtue of a marriage contracted less than 24 months before the date of admission is considered to have obtained such status on a conditional basis."
Now he wants me to send the green card back to USCIS as at the time of approval of my petition my marriage had passed more than two years!
I am confused. I need a second opinion.
Please help
Thanks for your precious time. I really appreciate it
Now he wants me to send the green card back to USCIS as at the time of approval of my petition my marriage had passed more than two years!
I am confused. I need a second opinion.
Please help
Thanks for your precious time. I really appreciate it
more...
averagedesi
06-22 02:45 PM
Gang
Here is my situation, my PD is March 05 and my 140 is pending for the past 3 months. Do you guys think if I get my 140 approved by Premium processing it would increase my chances of 485 approval this fiscal year? BTW, as its obvious from my PD I will be filing my 485 in July, God willing.
Thanks
Here is my situation, my PD is March 05 and my 140 is pending for the past 3 months. Do you guys think if I get my 140 approved by Premium processing it would increase my chances of 485 approval this fiscal year? BTW, as its obvious from my PD I will be filing my 485 in July, God willing.
Thanks
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immigrationmatters30
07-16 11:06 AM
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.Ofcourse I will talk to a advocate before proceeding but in order for me to request my labor and 140 from my current company, I need to prove it to them that it is possible to port 140 without 485.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.Ofcourse I will talk to a advocate before proceeding but in order for me to request my labor and 140 from my current company, I need to prove it to them that it is possible to port 140 without 485.
more...
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sameplace
02-27 01:12 PM
Hi, I have exactly the same question. Anybody has any idea on it? Thanks!!
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suneel_agrawal
03-10 08:52 PM
Hi,
Following are my USA stay details on L1 and H1-B visa:-
1) Stayed in USA from 01-SEP-2003 till 25-JAN-2004 on L1 visa(expired now).
2) Stayed in India from 26-JAN-2004 till 01-NOV-2004.
3) Stayed in USA from 02-NOV-2004 till date on new H1-B visa(still valid).
I read somewhere that 6 year period for H1 also counts L1 stay. Can someone please suggest, what should be my H1's final expiry date based on above details? Will that L1 stay be counted, even though I went back to India and came on a new H1-B visa?
Thanks,
Suneel.
Following are my USA stay details on L1 and H1-B visa:-
1) Stayed in USA from 01-SEP-2003 till 25-JAN-2004 on L1 visa(expired now).
2) Stayed in India from 26-JAN-2004 till 01-NOV-2004.
3) Stayed in USA from 02-NOV-2004 till date on new H1-B visa(still valid).
I read somewhere that 6 year period for H1 also counts L1 stay. Can someone please suggest, what should be my H1's final expiry date based on above details? Will that L1 stay be counted, even though I went back to India and came on a new H1-B visa?
Thanks,
Suneel.
more...
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yaseen82
03-17 08:23 AM
Hi Experts,
My wife is on H4 visa and has started her MS in CS in Jan. She applied for her change of status to F1 visa on 15 th feb. As of today (17th March), her approval notice hasnt come and her H4 is expiring on 31st March. I am not even able to follow her case online on USCIS coz her return recipt number is not updated at all. This is quite common I have heard.
My question is, should we also apply for her H4 extension before 31st of this month so that in case her approval for F1 does not come before her H4 expires and in worst case it gets rejects, she still wont be out of status coz her H4 renewal application is in place or am i just being too paranoid and should just wait for her F1 to come??
Thanks.
My wife is on H4 visa and has started her MS in CS in Jan. She applied for her change of status to F1 visa on 15 th feb. As of today (17th March), her approval notice hasnt come and her H4 is expiring on 31st March. I am not even able to follow her case online on USCIS coz her return recipt number is not updated at all. This is quite common I have heard.
My question is, should we also apply for her H4 extension before 31st of this month so that in case her approval for F1 does not come before her H4 expires and in worst case it gets rejects, she still wont be out of status coz her H4 renewal application is in place or am i just being too paranoid and should just wait for her F1 to come??
Thanks.
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vdlrao
10-06 01:52 AM
Finally some movement from GCC states to satisfy their peoples wishes
The demise of the dollar - Business News, Business - The Independent (http://www.independent.co.uk/news/business/news/the-demise-of-the-dollar-1798175.html)
This would cause the decrease of the cruciality of the dollar trading in international markets.
The demise of the dollar - Business News, Business - The Independent (http://www.independent.co.uk/news/business/news/the-demise-of-the-dollar-1798175.html)
This would cause the decrease of the cruciality of the dollar trading in international markets.
more...
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feedfront
08-26 01:04 PM
Just call them and get infopass to verify that corrections have been made..
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Blog Feeds
08-31 09:50 PM
The LA Times reports on the Nevada governor's race which has Latino Brian Sandoval seeking to become the next Republican governor of the state. Sandoval has risked alienating his Latino base by endorsing the Arizona law and tougher drivers license rules. The GOP is hoping that Latino voters will vote for someone who looks like them even if he or she supports policies that are the polar opposite of what they believe. I doubt very much that will happen. Voters vote their interests first and then may look at a person's ethnicity if two candidates are similar in their views....
More... (http://blogs.ilw.com/gregsiskind/2010/08/the-definition-of-lonely.html)
More... (http://blogs.ilw.com/gregsiskind/2010/08/the-definition-of-lonely.html)
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Blog Feeds
07-28 06:10 PM
From DHS Deputy Press Secretary Matt Chandler: �The court�s decision to enjoin most of SB1070 correctly affirms the federal government�s responsibilities in enforcing our nation's immigration laws. Over the past eighteen months, this Administration has dedicated unprecedented resources to secure the border, and we will continue to work to take decisive action to disrupt criminal organizations and the networks they exploit. DHS will enforce federal immigration laws in Arizona and around the country in smart, effective ways that focus our resources on criminal aliens who pose a public safety threat and employers who knowingly hire illegal labor, as well as...
More... (http://blogs.ilw.com/gregsiskind/2010/07/dhs-weighs-in-on-boltons-decision.html)
More... (http://blogs.ilw.com/gregsiskind/2010/07/dhs-weighs-in-on-boltons-decision.html)
antihero
04-06 04:49 PM
So sharp that it may cause a mini recession next year
http://money.cnn.com/2009/04/02/markets/thebuzz/index.htm?section=money_latest
http://money.cnn.com/2009/04/02/markets/thebuzz/index.htm?section=money_latest
lelica32
09-09 05:46 PM
from Oh Law:
Full House Judiciary Committee Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m.
By the direction of the Chairmain, the House Judiciary Committee is scheduled to debate and act on the following immigration bills:
H.R. 5882 Visa Recapture Bill (Zoe)
H.R. 5924 Emergency Nursing Supply Relief Bill (Wexler)
Video Wabcast
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
Full House Judiciary Committee Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m.
By the direction of the Chairmain, the House Judiciary Committee is scheduled to debate and act on the following immigration bills:
H.R. 5882 Visa Recapture Bill (Zoe)
H.R. 5924 Emergency Nursing Supply Relief Bill (Wexler)
Video Wabcast
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
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