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piyu7444
01-31 04:57 AM
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
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CSPAvictim
07-09 06:30 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
god_bless_you
12-13 11:46 AM
I think you should write an e-mail to the core team to get their attention on this idea.
Do you think no one from core team reading this thread??
Do you think no one from core team reading this thread??
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perm2gc
12-27 12:23 AM
Here is the link i posted
http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19
http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19
more...
pappu
04-07 12:57 PM
I consider it as a rumor. If you see people on other sites spreading panic, tell them to contact their friend's friend and have him/her contact Immigration voice.
I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.
The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .
I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.
The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .
tooclose
07-13 10:20 AM
you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !
Great ! Now atleast my application has a slim chance of getting in.
:)
Great ! Now atleast my application has a slim chance of getting in.
:)
more...
redindian
07-16 07:00 PM
I think we need to counter act and stop this kind of False Propagandas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
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gsc999
04-22 02:56 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
more...
chanduv23
07-13 01:57 PM
A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
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varshadas
02-09 06:35 PM
Hello All,
Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
Where are you?
Thanks,
Varsha
Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
Where are you?
Thanks,
Varsha
more...
chanduv23
04-02 03:22 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
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punjabi
07-13 09:53 AM
Congratulations!!
I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.
Good Luck, my friend!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.
Good Luck, my friend!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
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gcnirvana
04-23 12:41 PM
Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.
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inthehole
07-18 12:07 PM
Called USCIS just 5 mins back.. first a lady answered and asked me questions about the reason of calling..
I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.
The lady asked me to stay on the line and transferred to another person.
Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)
She asked for reason for calling..
I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
i would like to know when can i expect my receipt no..
She put me on hold for few mins and came back and said
"You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"
I said I aready filed my application on June 25, before the July bulletin.
She said "listen carefully" and explained the same thing again.
I said thank you and hung up..
It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..
I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.
The lady asked me to stay on the line and transferred to another person.
Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)
She asked for reason for calling..
I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
i would like to know when can i expect my receipt no..
She put me on hold for few mins and came back and said
"You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"
I said I aready filed my application on June 25, before the July bulletin.
She said "listen carefully" and explained the same thing again.
I said thank you and hung up..
It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..
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Caliber
03-10 02:58 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.
MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.
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msgrewal81
02-18 04:45 PM
Sorry guys, I misread somewhere.:D
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
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suriajay12
02-19 07:21 AM
And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?
Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!
There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
To prove >5 year legally in US is fully on you.. which is VERY good. Support it.
Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!
There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
To prove >5 year legally in US is fully on you.. which is VERY good. Support it.
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abhijitp
03-17 06:52 PM
Bumping up!
Ennada
12-10 08:10 AM
http://mumbai.usconsulate.gov/cut_off_dates.html
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03-18 08:42 AM
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