
cygent
03-23 10:18 PM
How do you know if labor is EB2 or EB3?
Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
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BharatPremi
03-17 02:30 PM
Thanks
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
Ramba
07-14 06:01 PM
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
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pbuckeye
02-12 03:06 PM
What advertisement? I was just trying to see if there was any truth in "he who shall not be named" 's assumption. I am convinced of the facts now, which was the point to begin with. Does every post have to be part of an agenda (too much Zee TV watching )?
thanks to kumarc123 for bringing some comic relief to this wound up thread.
P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.
thanks to kumarc123 for bringing some comic relief to this wound up thread.
P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.
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vin13
02-12 07:40 AM
I think it is important to understand and read what is being said. The information was not claimed to be true or false. The message was conveyed based on the information given. Now, everyone is free to evaluate and give their opinion on the information. There is no need to go for a personal attack.
h1techSlave
03-17 02:15 PM
I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lendors were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.
I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 100, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars :D. Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 100, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars :D. Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
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andycool
07-12 04:56 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
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Imigrait
01-30 03:39 PM
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
I see your point. Thanks a lot again.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
I see your point. Thanks a lot again.
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ianlock
09-12 11:34 AM
Hi,
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
more...
Jaime
09-12 01:52 PM
Hi,
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
Just like Tesco says! Thanks!
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
Just like Tesco says! Thanks!
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kate123
02-04 11:28 AM
well said.
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students’ visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors’ visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners’ earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students’ visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors’ visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners’ earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
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kumarc123
10-18 05:34 PM
Well,
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
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thomachan72
04-11 10:06 AM
technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore
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snathan
03-30 04:06 PM
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
Yes...Mr.Suriajay. No matter how many Ids you are coming with. I am not going to let you go until you post your forgotten $50 check. What happened to that check
Yes...Mr.Suriajay. No matter how many Ids you are coming with. I am not going to let you go until you post your forgotten $50 check. What happened to that check
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bala50
12-20 06:02 PM
I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.
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cnag
09-10 10:55 AM
How many posts are required to access chat feature?
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
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amitjoey
01-18 11:47 AM
Thanks IV core group. Signed up for $20/month. Please continue your efforts.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Core can help, PM one of the core members. You could help IV by leading this effort.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Core can help, PM one of the core members. You could help IV by leading this effort.
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champu
02-18 07:14 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
vin
06-12 02:06 PM
I don't think they're considering the Cantwell amendment. The only amendments being considered are as below. Go to http://www.foxnews.com/story/0,2933,280993,00.html (http://www.foxnews.com/story/0,2933,280993,00.html)for complete article
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.

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