EAD
11-13 10:48 AM
Hi, I got the email today that my AP has approved and they have mailed the document.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
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paskal
06-24 03:58 PM
I was wondering if update is only available through state chapter? If so we are in blackhole,,, as many of us are not members of state chapter..
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
permfiling
11-03 03:28 PM
I agree with you as I spoke with a friend who got his USC. His company got sold off after he got his GC in 2 months so joined another company.
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qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] 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) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] 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) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
more...
abhijitp
09-23 02:52 AM
IV hadle of Dr Saurabh is 'drsaurabhsethi'. abhijitp, you guys rocked the stage with my favourite music. I want congratulate everyone in CA chpater for their enthusiasm and grand participation in the rally. You guys did it, what we couldn't do being local to DC. We learned a lot from CA chpater memebers from their dedication and hard work. Keep it up. Hats off to all CA members.
I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.
Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)
I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.
Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)
Marphad
11-30 03:40 PM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
more...
mpadapa
02-12 09:39 AM
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
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drak70
01-04 11:04 AM
:cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
more...
Carlau
01-10 10:31 PM
We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!
Dish: The idea is great, if you go to the link that I posted (the official link to that proposed legislation) you will see that they talk about all the non immigrant visas and their spouses and minor children, so they should add all those same things under the H-1B parragraph in the part talking about the rights of the H-1B dependants. I do not know exactly how from a conversatioin between us goes to the IV core, and then to QGA, and then to the Senate, but anyways, this is a start.
Dish: The idea is great, if you go to the link that I posted (the official link to that proposed legislation) you will see that they talk about all the non immigrant visas and their spouses and minor children, so they should add all those same things under the H-1B parragraph in the part talking about the rights of the H-1B dependants. I do not know exactly how from a conversatioin between us goes to the IV core, and then to QGA, and then to the Senate, but anyways, this is a start.
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desi3933
08-18 03:41 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
more...
user1205
02-20 05:08 PM
The link doesn't work anymore :(
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psaxena
05-29 09:05 PM
keep bumping it for another 5 days
more...
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coloniel60
08-15 02:59 PM
Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.
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desi3933
06-19 10:58 PM
What is EVL, is it experience letter.
Employment Verification Letter indicating job position still open for employee. This COULD BE different from current job.
Employment Verification Letter indicating job position still open for employee. This COULD BE different from current job.
more...
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payur
06-28 09:36 PM
rajakannan , since you started the thread and you called for this, please tell us the plan and strategy. What do you think will be the best option so we can spread the word?
come on buddy, we just have 2 more days, we should plan by then. why are you sleeping at this time. you should be working 24 x 7.
come on buddy, we just have 2 more days, we should plan by then. why are you sleeping at this time. you should be working 24 x 7.
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meg_z
11-17 10:46 AM
I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
more...
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lazycis
11-30 06:42 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
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wahwah
06-05 12:46 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
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leoindiano
06-01 09:05 AM
In your comments, please mention the taxes you pay for counties, cities apart from state and federal.
Macaca
08-31 09:06 PM
I cant seem to open the article. Are others having the same problem?
Yes, it does not work sometime. Keep trying!
I have posted the article in News Article thread
Yes, it does not work sometime. Keep trying!
I have posted the article in News Article thread
gianik
05-25 05:01 PM
Thanks for informative posts. and Thanks specifically for addressing the wages question.
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
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