logiclife
02-16 01:02 PM
There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
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msp1976
05-19 10:41 AM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
wandmaker
06-10 01:36 AM
you better consult a very good attorney rather than asking for someone give you expert opinion.:eek:
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ab2k7
07-04 03:08 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
more...
sobers
06-02 10:40 AM
you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.
satyasaich
06-25 02:54 PM
Then why 'Americans' are NOT complaining on 'cheap' goods sold by walmart? Why you call that as 'great enterprise'?
Why 'Americans' are still clinging with beer bottles during weekends & glued to TVs only when the whole world is changing ?
Why 'Americans' are NOT complaining about 'cheap' foreign oil? Can you dare to think of $4/gallon?
My friend, wake up and recognise that world is more flat than you think.
Why you are NOT challenging the unisersity Boards about pay scales of their foot ball / basket ball coaches? Are they so special than professors? Coaches DO NOT produce future generation of engineers / doctors / economists/ teachers.
& you call that as 'lifestyle' watching and wasting and spending valuable time and money in the life as a student?
come on, be practical. you can be a sports fan but there is a line to draw
Why are you NOT challenging senators / congressman when they allow bail out of big banks with 'YOUR' tax money?
Please change the hat you are wearing and try to see the world.
OTE=oscarzumaran;1965481]It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.
It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?
Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.
This excuse will not work.[/QUOTE]
Why 'Americans' are still clinging with beer bottles during weekends & glued to TVs only when the whole world is changing ?
Why 'Americans' are NOT complaining about 'cheap' foreign oil? Can you dare to think of $4/gallon?
My friend, wake up and recognise that world is more flat than you think.
Why you are NOT challenging the unisersity Boards about pay scales of their foot ball / basket ball coaches? Are they so special than professors? Coaches DO NOT produce future generation of engineers / doctors / economists/ teachers.
& you call that as 'lifestyle' watching and wasting and spending valuable time and money in the life as a student?
come on, be practical. you can be a sports fan but there is a line to draw
Why are you NOT challenging senators / congressman when they allow bail out of big banks with 'YOUR' tax money?
Please change the hat you are wearing and try to see the world.
OTE=oscarzumaran;1965481]It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.
It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?
Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.
This excuse will not work.[/QUOTE]
more...
coopheal
03-06 05:13 PM
My filing date is July 2nd and notice date is Aug 27th.
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number30
04-12 12:10 AM
Hi guys,
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1
more...
sangeethak31
07-16 08:49 PM
Thanks all the reponses.....:)
Sangeetha K
Sangeetha K
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kaisersose
07-16 02:39 PM
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
more...
Pasquale
03-01 05:04 AM
It could be neat to see a photo comparison to the real thing so the likeness can be observed!
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Munshi75
04-07 11:00 AM
I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards
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smuggymba
10-07 09:59 PM
Always keep a soft copy of the approval notices with you. I have paystubs on ADP so I can pull it online any time. At my previous comp, all my payslips where on the intranet.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
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a_yaja
02-17 09:32 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"
For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"
For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).
more...
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trramesh
11-09 02:03 PM
All,
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
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crystal
02-02 10:27 AM
http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222024
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
more...
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roseball
04-07 09:00 PM
Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.
In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.
In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.
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nixstor
02-23 10:48 AM
H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.
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GCnew
03-17 12:05 PM
I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.
So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.
So if you are one of those luck ones, you might get it.
Good Luck!!
So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.
So if you are one of those luck ones, you might get it.
Good Luck!!
waitingnwaiting
01-19 03:06 PM
Oh God!!
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
I have no intension to fight. I am only asking for list of such Immigrants and made it big. It will be good talking points.
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
I have no intension to fight. I am only asking for list of such Immigrants and made it big. It will be good talking points.
maxy
10-16 11:48 AM
i think ability 2 pay is fair question under AC21. what future employer will hate to do is put words like petition, labor, immigration, sponsorship, EB preference etc ...
they would just like to issue regular EVL which they are providing to other regular employees. may be salary, role, start date, and permanent nature of job thats it. is that enough for USCIS. thats the question. (they can always look up company papers, tax returns etc.)
they would just like to issue regular EVL which they are providing to other regular employees. may be salary, role, start date, and permanent nature of job thats it. is that enough for USCIS. thats the question. (they can always look up company papers, tax returns etc.)
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