Anne Hathaway Catwoman

desi3933,

Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

In this case they are eligible for FB2A. So it nullifies that.

......

>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.

If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.

______________________
Not a legal advice
US citizen of Indian origin

Basic purpose of our forum is to create awareness/educate legal Immigrants so that they can get help for there cause at the same time we get some help from them to push forward this movement. Recently we are seeing big inflow of queries because economy is bad our brother and sisters getting in deep trouble.
How we can voice our concern in this bad time key is to find the solution.
My thoughts on this................
1) Get the help from our Indian/Chinese community on all levels like city, state and national level.
2) We will run advertisement campaign about, who we are and where we stand. This adv. could be air on Lue's show or even on other popular shows...
3) We need lobbying in congress .I know we have this in this place but we can show our strength through legal Indian/Chinese Immigrant plus Indian/Chinese American citizen then we got big weight in our plate.
4) To get all of the above and may be more we need Money and Man power to execute this.

My I-140 is stuck at NSC from more than 750 days. I had 2 RFE's and last one was answered 4+ months ago. Last Friday my attorney had raised SR for my case after we answered our RFE. Can anyone share how long it takes for USCIS to answer on SR in case of I-140 application? :confused:

Your input is appreciated.

Thansk

Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:

This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks

The answer is NO.

Thanks for clarifying this.
OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.

5 Years should be fine.

The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.

Or

As soon some one pays the federal tax for half a million dollars will be eligible for GC.

With a minimum of 5 years of stay in the US and on any employment visa.

All this employer sponsorship, labor, 140, 485 are BS.

This is how it is all over Europe.

In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
I will be sending mainly to DOS , DHS and USCIS

First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.

Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)

After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.

It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D

so now people give red dots just for asking a question about EB3...where is ACLU:D

Hi all,

Need your help and experience in this!

I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

Please advice.

Thanks!

Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/

Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

"Instead of arbitrary caps, a market-based approach that responds to demand is needed."

The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

Craig Barrett: America should open its doors wide to foreign talent


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IV Moderators- please use this information in your presentations.

thank you for your reply .

i have another question is i took the dd in hdfc is 4322/- by combinding 4000+322. is this the correct way or should i have to take two different ?iam lokking for first time h1b visa stamping .i already mentioned this.

before going to interview i have to take any other dd like h4 persons will do? if yes how much ? because i read some where 20,000 for blanket petition .

please tell me what documents i have to take to the interview? is there any sample questions list ?

i appriciate your help really.

response please

Dear all

First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

Sorry i confused u all...here are my GC Filling details:

LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO


So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

I guess the best option for me is to

** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days

then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

More suggestions and opinions??? :o


Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

Pls advise

Sky

Good for you...the tracking number and print out should work...

My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.

Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.

The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.

Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!

My $200.00 is on its way.

Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..

.. yet there is still lot of frustration that India is not getting enough Visa .. :rolleyes:

a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.

I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.

Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).

I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

Any advice/help is greatly appreciated.

Thats why I degraded my cable service so that CNN will be blocked.

haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...

there is an online petition happening here..

after we have seen what can be achieved, I don't think so it will be really tough to make it clear..

I depends on how many of them are in line already. If there are more than 61,000 with PD > 2006 then it will not help much. Also IV focuses on alleviating issues of all skilled immigrants issues not for specific group.