simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
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a1b2c3
07-10 05:17 PM
my PD is still not current :p
Just kidding..glad to see the dates move fwd.
Just kidding..glad to see the dates move fwd.
eagerr2i
09-17 03:03 PM
IV is not against H1B as such. Majority of IV members are presently on H1B program.
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
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lotsofspace
04-04 04:23 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
more...
ajcates
10-12 07:41 PM
I didn't provide fireworks templates…
Prashanthi
08-21 01:31 PM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.
If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.
If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.
more...
royus77
06-30 05:27 PM
Guys and Gals,
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
I will fly to Nebraska on sunday night and deliver it on Monday
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
I will fly to Nebraska on sunday night and deliver it on Monday
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immigrationvoice1
03-06 02:21 PM
I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved
You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.
You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.
more...
suman
12-17 06:20 PM
Thank You all I appreciate.
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TexDBoy
10-09 11:46 AM
My drivers license expired in between my H1B extension. As proof of identification, I showed EAD card and they accepted it
more...
vin13
08-24 11:40 AM
I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.
Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.
Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...
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raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
more...
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ivjobs
11-06 05:26 PM
newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.
People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.
For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.
For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
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Madhuri
02-19 04:58 PM
I came back on Feb 17th from India.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
more...
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pappu
07-30 09:41 AM
obviously,
Thanks for your comment. The aim was not to create any rift. But to express disappointment when such arguments have taken place between members. I have deleted the post to avoid any futher discussion. We need to focus. Thanks for pointing it out.
Thanks for your comment. The aim was not to create any rift. But to express disappointment when such arguments have taken place between members. I have deleted the post to avoid any futher discussion. We need to focus. Thanks for pointing it out.
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hsj
07-10 12:06 AM
Hi,
I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires
I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires
more...
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shx
02-25 05:09 PM
Your comparison is retarded. Not everyone is like you and cheat their employer. Most people are honest in what they do.
So you really think the comparison is retarted? I can see where the R-word applies better. So, I automatically cheat my employer and you automatically belong to the 'Most people are honest in what they do' category?
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
So you really think the comparison is retarted? I can see where the R-word applies better. So, I automatically cheat my employer and you automatically belong to the 'Most people are honest in what they do' category?
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
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h1bemployee
06-25 01:57 PM
Hi Prasanthi,
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?
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rajpatelemail
12-09 01:32 AM
I second that...
Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.
If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
When sush a system is in place, people may not leave filthy comments i guess.
Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.
Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.
If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
When sush a system is in place, people may not leave filthy comments i guess.
Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.
MannyD
10-25 01:19 PM
should be valid preferably until you get your new I140 approved.
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
waitnwatch
05-30 06:57 PM
the reason she was denied is because she is young
It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.
It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.
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