sroyc
07-11 01:25 PM
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
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breddy2000
12-10 04:14 PM
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
desi485
11-14 05:36 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
2011 Osama Bin Laden Dead Body
kans23
07-18 01:40 PM
One time contribution $100. Already Contributed.More to come.and also added new members to contribute
Good Luck to our team.
Good Luck to our team.
more...
9years
10-21 09:08 PM
You are correct, it took around 10 months. From prevailing wage to labor approval. 2 months I mean filing actual labor application to approval.
Pineapple
07-06 02:31 AM
Digging it is fine, but dont forget to email it. That is the best way to keep it visible. Email it to your friends, colleages, etc.
By the way, I checked at www.digg.com and articles such as "Geek Squad Caught On Video Stealing Porn From Customer's Computer" are number 1. Our issues are nowhere at the top, (or anywhere). The geek squad article, though numero uno on digg, is not exactly CNN headlies, to put it mildly.
Common sense tells me digg is hugely over rated. Focus energies on the real deal guys.
By the way, I checked at www.digg.com and articles such as "Geek Squad Caught On Video Stealing Porn From Customer's Computer" are number 1. Our issues are nowhere at the top, (or anywhere). The geek squad article, though numero uno on digg, is not exactly CNN headlies, to put it mildly.
Common sense tells me digg is hugely over rated. Focus energies on the real deal guys.
more...
test101
07-05 01:44 PM
I just Spoke to sentor Specter office: 202-224-4254. They were very supportive. I spoke about the revised Visa bulltien and the effect of losing nurses. They were very sympathatic . I added i know how the sentor support immigration.
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
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superdude
07-21 02:28 AM
Voting seems to be on political lines. Democrats probably didn't want to yield any ground because of their dear CIR failure. We need a targeted campaign (strategy) on the Democrats - Hillary spoke very favourably to the Indian student community recently about H-1B and immigrant visas but her vote is not in line with her statements
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
more...
bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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tapukakababa
03-10 01:33 PM
I have some questions?
1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
2. Can I have a second job in my wife's company and retain the original job?
3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?
Thanks.
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
2. Can I have a second job in my wife's company and retain the original job?
3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?
Thanks.
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
more...
Kodi
06-22 11:33 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
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sugaur
03-06 05:30 PM
Heres the sliver lining of all this immigration mess. Its good for spiritual development. I came here 10 years ago in mid 20s. My understanding of Indian philosophy was rudimentary at best. Now I have found reading and meditating on the meaning of Gita is one of the best ways for me to deal with the GC mess, and life in general. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?
more...
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485Question
09-10 11:47 AM
Great going.
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pd_recapturing
10-17 08:31 AM
nk2000,
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
more...
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santb1975
06-04 11:09 AM
That is awesome.
Wandmaker - Thanks for your tireless support
I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.
As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.
"This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."
Wandmaker - Thanks for your tireless support
I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.
As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.
"This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."
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hebron
03-04 02:28 PM
I have an RFE on my 485 (EB3 I SEP 2004 )....
Did you get to know what the RFE is about?
Did you get to know what the RFE is about?
more...
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cygent
07-15 04:49 PM
Thanks for the effort Guys!
I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
$50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)
I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
$50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)
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sandy_anand
06-26 04:59 PM
Congrats skillet! Really great news!
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isedkeem
03-06 02:57 PM
Thanks for the info buddy. Where to find more information on immigration to NZ? Please guide me on that.
The main website is the NZ govt website:
Skilled Migrant Category (http://www.immigration.govt.nz/migrant/stream/work/skilledmigrant/)
The main website is the NZ govt website:
Skilled Migrant Category (http://www.immigration.govt.nz/migrant/stream/work/skilledmigrant/)
pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
anyluck?
12-10 06:48 PM
I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
