chantu
09-19 06:29 PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
wallpaper awesome neck tattoo.
gc_chahiye
08-24 05:39 AM
I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?
how can it be U for whole of 2008? they have to atleast those 10K GCs to Indians and can only do so if the dates are not U.
how can it be U for whole of 2008? they have to atleast those 10K GCs to Indians and can only do so if the dates are not U.
seratbabu
02-19 06:23 PM
Did you recieve the RFE yet ?What was it about. Mine is a similar case. We both have LUDs on 02/10 and my wife's 485 recieved an RFE email today.
Not yet. Did not hear from my attorney either. My 485 got another LUD today. Did any of the folks receive the actual RFE? Please post details once you get it, and I will do the same.
Here is the latest update from me:
My 485 had LUDs on 02/10, 02/13, 02/17, 02/18 and 02/19. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent.
Not yet. Did not hear from my attorney either. My 485 got another LUD today. Did any of the folks receive the actual RFE? Please post details once you get it, and I will do the same.
Here is the latest update from me:
My 485 had LUDs on 02/10, 02/13, 02/17, 02/18 and 02/19. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent.
2011 of her neck tattoo,
H1B-GC
05-15 12:28 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
more...
amoljak
05-17 07:23 AM
I dont understand why we are hurt when 2 Indian companies were asked to detail how they used the nearly 20000 H1B visas they procured this time. DAMNN!!! IT IS VERY VERY IMP TO KNOW THAT. How many of these H1s are going to be brought here and sold to other companies, how much and WHO pays them etc.
We are hurt because it's witch hunting. Nobody knows who applied for how many visas this year, but rumor has it that Microsoft was also near the top. Why not call them also?
Do you realize how many biotech companies couldn't hire people this time just because these monsters gobbled up all the H1s:mad: :mad:
That just means these "monsters" are more desperate to hire talented people than the companies you are talking about. Rationing is not an answer here. This is not a communist country. More supply is the answer.
H1 is tailormade to boost the american economy and I firmly believe (just as any other country would wisely do) that the first preferance should be for US companies, OK.
What is a US company? Infosys is listed here. Americans own stocks in most public companies around the world. US has no laws that discriminate against foreign companies. That's why US economy is still rated the most competitive in the world. You want to be more restrictive... What next? Get rid of inter state commerce laws?
If the senators are wise, they will and they should, make it sure this time that this never happens in future. Regarding software, I firmly believe, as somebody mentioned earlier, that they also need to start small training centers everywhere. I dont say that there are not good professionals comming in, but believe me, all those so called mca, pgdca etc etc Man!! some of them even dont know the basics of computer!!
Have you heard "market driven"? If I want to pay my janitor $100/hr why should I have to answer to anybody? Companies hire these people because they find them valuable assets. Who cares if they have mca, pgdca or kjshdj.
We are hurt because it's witch hunting. Nobody knows who applied for how many visas this year, but rumor has it that Microsoft was also near the top. Why not call them also?
Do you realize how many biotech companies couldn't hire people this time just because these monsters gobbled up all the H1s:mad: :mad:
That just means these "monsters" are more desperate to hire talented people than the companies you are talking about. Rationing is not an answer here. This is not a communist country. More supply is the answer.
H1 is tailormade to boost the american economy and I firmly believe (just as any other country would wisely do) that the first preferance should be for US companies, OK.
What is a US company? Infosys is listed here. Americans own stocks in most public companies around the world. US has no laws that discriminate against foreign companies. That's why US economy is still rated the most competitive in the world. You want to be more restrictive... What next? Get rid of inter state commerce laws?
If the senators are wise, they will and they should, make it sure this time that this never happens in future. Regarding software, I firmly believe, as somebody mentioned earlier, that they also need to start small training centers everywhere. I dont say that there are not good professionals comming in, but believe me, all those so called mca, pgdca etc etc Man!! some of them even dont know the basics of computer!!
Have you heard "market driven"? If I want to pay my janitor $100/hr why should I have to answer to anybody? Companies hire these people because they find them valuable assets. Who cares if they have mca, pgdca or kjshdj.
starscream
06-23 09:38 PM
Related article:
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
more...
mbartosik
02-25 10:52 PM
my new total 105 ish
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
2010 tattoos on ack of neck.
saurav_4096
01-04 02:59 PM
wow...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
more...
ramus
11-02 07:28 AM
that's what happened with us as well.. Waiting for 80 days now on AP and already changed the tickets twice..
ramus, i dont think local office will issue AP unless its an emergency. I am saying this bcoz i was in the local office today and they made it clear unless its absolute emergency AP will be issued only by NSC. In case of emergecy you need to show a valid proof that someone in your family is seriously sick.
ramus, i dont think local office will issue AP unless its an emergency. I am saying this bcoz i was in the local office today and they made it clear unless its absolute emergency AP will be issued only by NSC. In case of emergecy you need to show a valid proof that someone in your family is seriously sick.
hair Previous Next. Who sports this
longq
12-20 03:41 PM
Hello IV and its core members,
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*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 am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*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)
more...
desi3933
02-25 09:28 PM
I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
hot Pet tattoo designs on girls
NH123
05-15 12:02 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
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conchshell
08-05 02:42 PM
On July 31st we got an email informaing us that my wife's EAD is approved and card production is ordered. Again on August 4th we got an email stating that the case is approved. Now we are surprized because if the case was actually approved on July 31st, she may get a two years EAD, but if it was approved on August 4th, she may get the EAD for one year only, as our PD is current.
BTW, My approval CRIS email came on July 28th, and I have got my EAD card for two years validity.
BTW, My approval CRIS email came on July 28th, and I have got my EAD card for two years validity.
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DDash
08-07 06:49 PM
Sorry to hear your story man. I can empathize with you coz I went through hell last July/2007. I tried to advance the wedding and it caused havoc in the family. I got married in End of Aug/07 and by then the dates retrogressed back.
Getting back to your situation:
1) F-1 is sure is an option. She will have to make sure that she is independent on her own application.
2) H-1 is an option as well, but then she will have to wait for next year lottery b.s.
3) Now that you have G.C. you can go back to India and work. There is some restriction as to how you can maintain your GC.
You may be found to have abandoned your permanent resident status if you:
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
4) Follow this thread and see if you can make sense out of it for your case:
http://www.national-anthems.net/forum/article/misc.immigration.usa/198645
I am not suggesting anything.....I am just give options, hoping to help you.
Most of all, take it easy, relax and enjoy your wedding.
Good luck!
Getting back to your situation:
1) F-1 is sure is an option. She will have to make sure that she is independent on her own application.
2) H-1 is an option as well, but then she will have to wait for next year lottery b.s.
3) Now that you have G.C. you can go back to India and work. There is some restriction as to how you can maintain your GC.
You may be found to have abandoned your permanent resident status if you:
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
4) Follow this thread and see if you can make sense out of it for your case:
http://www.national-anthems.net/forum/article/misc.immigration.usa/198645
I am not suggesting anything.....I am just give options, hoping to help you.
Most of all, take it easy, relax and enjoy your wedding.
Good luck!
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H1bslave
11-19 01:56 PM
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
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vishwak
01-13 03:38 PM
Eb3Retro,
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
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Jimi_Hendrix
12-12 01:01 PM
In short they do not want us here.. they want to suck the money out of you, all the money you earned and saved.
Were you making sure that we are not disappointed? :)
Thanks for living upto the expectations buddy :D
Were you making sure that we are not disappointed? :)
Thanks for living upto the expectations buddy :D
aachoo
02-14 12:34 PM
Did you change company? or filed AC-21.
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
No company changes, AC21 or anything out of the ordinary.
-a
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
No company changes, AC21 or anything out of the ordinary.
-a
hopefull
07-06 04:52 PM
I wonder where you work and which country you live :confused:
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
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