GC_Q
04-18 10:21 AM
Hello Prasadn,
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
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GCVivek
01-28 05:57 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
purplehazea
06-01 12:10 PM
Hi All,
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
2011 Mera.Dil.Lutiya.Jazzy.B. »
indianabacklog
07-25 11:24 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
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Can2004
03-14 12:53 PM
I have one more question.
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
gc_check
01-06 10:15 AM
VISA BULLETIN JAN 2010
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
more...
parvezns
01-17 07:36 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
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Kitiara
10-23 04:50 AM
I am about to prove once and for all just how geeky I am. :)
Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.
When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.
Once you've killed him completely, you'll get a key and an Odin materia.
Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.
Phew!
Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.
When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.
Once you've killed him completely, you'll get a key and an Odin materia.
Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.
Phew!
more...
chanduv23
06-19 12:23 PM
Wow! Thank you everyone for your input!
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
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waitingGC
03-09 10:13 AM
I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
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ksrk
02-13 04:36 AM
Dilip,
In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.
The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).
Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!
In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.
The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).
Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!
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rockstart
10-18 12:31 PM
I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?
more...
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ksrk
08-14 08:16 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
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bagha
07-11 11:01 AM
I'm in similar situation:
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?
Thanks in advance.
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?
Thanks in advance.
more...
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logiclife
05-03 05:00 PM
Sadly Immigration voice is giving importance to the � number of posts� rather than �number of valuable posts� .
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
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pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
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Funky_Monkey
09-10 11:32 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
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GCVoice
12-20 10:45 AM
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(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) and (b) 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.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(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.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(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) and (b) 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.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(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.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
chantu
09-15 06:37 PM
I may travel to India in Oct on AP for first time. I am working on EAD and changed employer with AC21. I will use AP at POE.
1) Do I have to get any transit visa if I go through European countries?
2) Will there be any problem at POE? Any recent experiences?
3) Do I have to go to consulate in India?
Thanks in advance!
1) Do I have to get any transit visa if I go through European countries?
2) Will there be any problem at POE? Any recent experiences?
3) Do I have to go to consulate in India?
Thanks in advance!
venky08
06-22 03:01 PM
there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)