longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
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GCBy3000
01-10 04:42 PM
Any voluntary job is good in resume. The resume is to show how you are and what skills you have. Volunatary job shows that you are not the one who wants to be idle and also it shows that you have some intention to do service to the society. It is good to have those in resume and also it will help you a lot if you pursue MBA in future.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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morchu
11-04 05:03 AM
It is EB3row who deserve a good grudge with EB2India/China, regarding spill-over changes.
Changing to vertical spillover will NOT help EB3 India or China.
Changing to vertical spillover will NOT help EB3 India or China.
more...
lc1978
04-22 10:57 AM
Just wrote to white house and to my senator.
Thanks n appreciate for initiating.
Thanks n appreciate for initiating.
Saburi
02-12 04:24 PM
I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
more...
gdhiren
03-29 11:56 AM
Anyone is VIRGINIA interested in meeting with legislators? I am in Fairfax County, VA. Apart from posting here please PM me as well so we can get in touch quickly for the meeting.
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InTheMoment
07-17 10:36 AM
Simply press ctrl-R instead of the refresh button, that has always worked for me in clearing the cache.
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indianabacklog
08-01 10:05 AM
I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
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drona
08-31 01:21 PM
We need more members like you!
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raj2007
02-19 12:18 PM
Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
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KanME
08-29 11:15 AM
Members planning to attend the meetings Please email your details asap to lobbyday@immigrationvoice.org . Thanks to those who have already done that...
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software7
04-09 02:05 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
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InTheMoment
07-31 08:50 PM
:) :) :p
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
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sats123
04-01 03:39 PM
I faxed to AZ senators
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saimrathi
07-06 06:20 PM
Nothing yet.. Hope its on tomm.. please post correct info..
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
more...
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vikki76
06-23 02:02 PM
Why can't garbage be thrown in Walmart shopping plastic bags?
It doesn't make sense to harm environment even more by buying new things.In fact, there are new trash cans available whose upper mouth is designed to fit in shopping bags itself.
Regards photos-Let's say you save $20 by saving on photo. You can put this extra $20 in bank @rate of 5%. or you can spend it on extra dinner/movie.
Both options will still rejuvenate economy.
If you send saved $20 to India-Indian govt will be happy to reduce its oil import bill by $20, your family will use this $20 to buy a new Motorola cell phone/Nike shoes or eat dinner at MacDonalds.
Circle of Money never stops.
It doesn't make sense to harm environment even more by buying new things.In fact, there are new trash cans available whose upper mouth is designed to fit in shopping bags itself.
Regards photos-Let's say you save $20 by saving on photo. You can put this extra $20 in bank @rate of 5%. or you can spend it on extra dinner/movie.
Both options will still rejuvenate economy.
If you send saved $20 to India-Indian govt will be happy to reduce its oil import bill by $20, your family will use this $20 to buy a new Motorola cell phone/Nike shoes or eat dinner at MacDonalds.
Circle of Money never stops.
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yestogc
06-09 08:03 PM
Well written, but there should be some basis for the numbers that are quoted.
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abhijitp
07-10 09:39 AM
have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
I dont think we should mention his name in a peaceful rally.
I dont think we should mention his name in a peaceful rally.
whattodo
07-27 02:14 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
dionysus
08-20 07:17 PM
You must name him. God forbid if it is my own employer, and he has done the same backstabbing to me too. Please let me know the name of this bastard, atleast in a private message so that I can sleep better tonight.
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