anandsubu74
02-08 09:44 AM
Does anyone know when March bulletin comes out...
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lazycis
12-14 08:15 AM
There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if�
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if�
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States�
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans facilities
(I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if�
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if�
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States�
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans facilities
(I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
aamchimumbai
03-12 11:33 AM
You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.
Hope this helps.
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.
Thanks.
Hope this helps.
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.
Thanks.
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ScratchingHead
10-01 01:07 PM
It takes one week to get the visa stamped. I did it and went to India in August. They will schedule FP for you in a location close to you.
Shame on you....travel thru countries that don't steal your money in the form of 'transit visa'.
Shame on you....travel thru countries that don't steal your money in the form of 'transit visa'.
more...
Libra
08-14 10:08 AM
Good job, now why dont you take your credit card contribute to IV whom you complained on me:D
Libra,
I dont know what to say about you. I have complained to admin about your derogatory posts. Admins will be taking appropriate action on your account soon.
Libra,
I dont know what to say about you. I have complained to admin about your derogatory posts. Admins will be taking appropriate action on your account soon.
maddipati1
12-03 03:33 PM
dvb123, good one, thx for posting, very useful,
please post the link to the source
10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations
please post the link to the source
10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations
more...
gclabor07
12-11 11:28 AM
I missed the train too. My PERM application was stuck in Atlanta which cleared in September. Sucks.. to be falling behind. I've contributed $200 to IV so far and will help IV in any way I can.
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CantLeaveAmerica
04-03 12:48 PM
But with the new rule, it doesn't matter if FBI name check is pending.If your PD is current, whether your name check is pendign or not GC will be approved.
Am I correct?
GC will be approved contingent on the grounds that it can be cancelled/annulled if the FBI name check comes up not in your favour when the FBI finally reviews your name ..In a way, it's a conditional approval till the actual FBI clearance....IV seniors may be better at answering this.
Am I correct?
GC will be approved contingent on the grounds that it can be cancelled/annulled if the FBI name check comes up not in your favour when the FBI finally reviews your name ..In a way, it's a conditional approval till the actual FBI clearance....IV seniors may be better at answering this.
more...
bigboy007
11-21 01:59 AM
there is no "Permanent" Job in us, I assume you are now atleast 5 years old or having masters degree... we already have these in place...
Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...
Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...
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addsf345
11-11 06:23 PM
Some ppl prefer to have local attorney in case they want the attorney to accompany them if & when CIS calls for personal interview.
any other person who has dealt with or heard of this lawfirm?
any other person who has dealt with or heard of this lawfirm?
more...
emmie
01-01 06:12 PM
Thank you very much for the response. My lawyer just responded back to DOL like around a week ago. It is very frustrated that I still don�t hear anything from DOL so far. I wonder if I change my visa to F1 by attending the school full times such as attending college. Can I stay in US and wait until I got my green card approved? Is it possible to do so?
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willgetgc2005
02-08 08:21 PM
rimzhim,
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
more...
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nozerd
12-14 01:59 PM
Exactly. No one is comparing USA & CANADA.
For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.
For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.
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GoneSouth
07-18 03:48 PM
Kumhud2 - respectfully, money is much more helpful than additional ideas.
Please contribute $$ if you haven't already.
Please contribute $$ if you haven't already.
more...
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roseball
03-29 03:57 PM
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
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skd
08-20 12:31 PM
I am starting this to track Texas Center I-485 July 2 Filers to track Reciept Notices
more...
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jindhal
08-11 02:03 PM
My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
This is not similar to the Op's case. Your case was transferred to the texas processing center because that center processes all cases from the north east or the eastern state, the op's case was transferred to a local uscis office,
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
This is not similar to the Op's case. Your case was transferred to the texas processing center because that center processes all cases from the north east or the eastern state, the op's case was transferred to a local uscis office,
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loudobbs
08-24 03:25 PM
So I assume your PD need NOT be current to get FP notice?
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
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roseball
11-10 05:26 PM
The only issue I see with using H1/H4 visa for re-entry is that if your I-485 is approved while you are outside US and you use H1/H4 for re-entry, it invalidates your GC and you have to start all over again. You either need to have your GC or an approved AP in hand when you re-enter US in this scenario...
mjdup
02-28 12:33 PM
That is just great news ! Kudos to those volunteers, I don't have words to express gratitude.
thank you.
thank you.
qtoask
08-18 03:31 PM
Piyush,
Your dependents are "in status" as their I485 pending. donot worry about it. You will receive your card within 3-4 days.
Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.
Your dependents are "in status" as their I485 pending. donot worry about it. You will receive your card within 3-4 days.
Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.