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jonty_11
08-10 12:12 PM
concentrate on IV Rally instead....guys..
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....
I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm
They would already be pissed at us due to VB July restoration...
So attack the problem at the source.
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....
I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm
They would already be pissed at us due to VB July restoration...
So attack the problem at the source.
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ReDrUmNZ
02-04 07:43 PM
I'm loving the swarm! :)
rjgleason
January 17th, 2005, 07:01 AM
Anders, good job on the hockey pics. I have a couple of questions.
Did the lighting necessitate your using ISO 1600? What was the lens you used? Monopod? What metering mode? Did the ice cause any problems?
The reason I am asking is that I recently did some boys and girls high school portrait shots and they want me to shoot some games. The lighting at the school's rink seems like I would not need ISO 1600 and still get to shoot wide open and high SS.
Here is the link for the portraits that I did shoot and would like your opinion: I shot these with the 1Ds MII and 85 1.2 (Should have had a better backdrop IMO)
http://www.rjgleason.com/gallery/thumbnails.php?album=7
Did the lighting necessitate your using ISO 1600? What was the lens you used? Monopod? What metering mode? Did the ice cause any problems?
The reason I am asking is that I recently did some boys and girls high school portrait shots and they want me to shoot some games. The lighting at the school's rink seems like I would not need ISO 1600 and still get to shoot wide open and high SS.
Here is the link for the portraits that I did shoot and would like your opinion: I shot these with the 1Ds MII and 85 1.2 (Should have had a better backdrop IMO)
http://www.rjgleason.com/gallery/thumbnails.php?album=7
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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fcres
06-27 12:05 PM
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.
I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.
arc
07-07 02:40 PM
Any one who owns corp or who has accounting background!!!
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thomasstuart
11-22 05:59 AM
Hi there,
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
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arikris
02-08 11:22 PM
@sduddukuri - Can you share why H4 was denied in the first place? I am in a similar situation and wondering if MTR or Travel abroad would be better.
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saint_2010
09-10 06:43 AM
yes...really what might have happened that day?..
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needhelp!
01-28 05:34 PM
How can we be sure unless we ask them?
Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?
Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.
I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.
Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?
Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.
I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.
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a_yaja
12-17 10:08 AM
Dear Yaja,
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
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ekkatip
10-15 12:25 PM
SR --> Service request
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addsf345
12-02 11:44 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
------
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.:mad:
__________________
read carefully all those who are thinking that the issue is over. I don't want to spoil the party, but this issue is still far from over.:confused:
Please do help IV, help yourself, help ourselves. Take part in IV letters campaign for wrongful AC21 denials. Click here (http://immigrationvoice.org/forum/showthread.php?t=22182) & send letters.
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
------
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.:mad:
__________________
read carefully all those who are thinking that the issue is over. I don't want to spoil the party, but this issue is still far from over.:confused:
Please do help IV, help yourself, help ourselves. Take part in IV letters campaign for wrongful AC21 denials. Click here (http://immigrationvoice.org/forum/showthread.php?t=22182) & send letters.
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Znan
07-15 11:03 AM
I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
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GC4US
10-31 05:11 PM
See my signature
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LONGGCQUE
03-10 11:12 AM
I have same problem with SBI. Planning to use wellsfargo expresssend from now on.
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mohican
02-18 02:58 PM
take into account that there was holiday season in between
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Gravitation
05-30 02:22 PM
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
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isthereawayout
02-22 12:42 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
kondur_007
08-17 03:07 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
needhelp!
10-24 10:34 AM
for gary!
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