amoschid
07-18 03:36 PM
i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
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kanyewest
04-22 10:16 AM
Thank you for your comments.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
raydon
09-30 01:55 AM
The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
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windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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GCNirvana007
08-22 04:48 PM
I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.
Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.
Since its till Jan 2005 this time i reckon its purely gonna be core 2004.
Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.
Since its till Jan 2005 this time i reckon its purely gonna be core 2004.
urpal
06-22 10:41 AM
Thank you !
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qasleuth
05-06 12:51 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
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GCNeophyte
07-02 09:51 AM
idli_vada.. we have enough issues with our GC processings... get the hell out here
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chintu25
08-13 04:41 PM
Unfortunately Yes...i had infopass appointment on monday and IO told me samething. NC has to be cleared before 485 can be approved. But they are targeting they will clear NC within 180 days after Feb 2009.
Just read a post on a different thread where a 2006 NSC case was cleared without NC
Just read a post on a different thread where a 2006 NSC case was cleared without NC
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hebbar77
05-15 06:27 PM
This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........
Lets admit it now... we are all selfish and so is he... am I wrong?
Lets admit it now... we are all selfish and so is he... am I wrong?
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logiclife
01-02 11:34 AM
All set
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.
Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.
AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.
Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.
AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.
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gcwait2007
09-30 11:24 AM
FP notice comes along with receipt notices for I-485,765 & 131.
We got our FP notice for 10/19 (Friday) in San Antonio TX center.
==================
LC PD : 02/20/2007 (LC Sub case)
I-140 pending with NSC since 06/29/2007
I-485, 131 & 765 sent to TSC on 08/01/2007, receipts notice dt 09/26/2007
We got our FP notice for 10/19 (Friday) in San Antonio TX center.
==================
LC PD : 02/20/2007 (LC Sub case)
I-140 pending with NSC since 06/29/2007
I-485, 131 & 765 sent to TSC on 08/01/2007, receipts notice dt 09/26/2007
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chanduv23
06-30 02:18 PM
I have heard great things about TANA. I am not a member of TANA, but would love to be one. Coordination between TANA like Organizations and IV would be a great opportunity for both Organizations as they can help each other in many ways.
There is ATA (American Telugu Association) too and they have a convention in New Jersey this weekend.
ATA and TANA are big orgs but most of them are ABCD and USA citizens and I aam not sure to what extent we can get help from them.
The key to our solutions lies in us. Ours is a big community, but a very few people spend time and money and energy on working towards our goals and always want others to fix our issues
There is ATA (American Telugu Association) too and they have a convention in New Jersey this weekend.
ATA and TANA are big orgs but most of them are ABCD and USA citizens and I aam not sure to what extent we can get help from them.
The key to our solutions lies in us. Ours is a big community, but a very few people spend time and money and energy on working towards our goals and always want others to fix our issues
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fatjoe
10-25 09:03 AM
Krustycat:
Sorry to hear that it doesn't work for you. I didn't get any rec #. Excatly the 90th day of my 485 filing, I called USCIS. I wouldn't have called if I had my Rec #. Like said before, one lady picked up and was very cordial and created a Service Req for me. I guess it also could be based on the person with whom you talk. I said " It has been 90 days since I filed my 485 at NSC, I didn't get the Rec # and the checks are not cleared yet also" She asked for the excat date. I told "July 18". She said, "Sorry about the incovenience". She asked for my zip code. Then she said " This is the first time I am using the Service Request System", so bear with me. She asked for my name and date of birth and address and phone. She said "An agent will be assigned to your case within two days to look for your application. The agent will contact you thro phone or you will get a mail". I asked her what can I do if my checks are not cleared. She said "Wait for a week, and then call us". My checks got cleared in two days , but the Rec # are not available on line.
Sorry to hear that it doesn't work for you. I didn't get any rec #. Excatly the 90th day of my 485 filing, I called USCIS. I wouldn't have called if I had my Rec #. Like said before, one lady picked up and was very cordial and created a Service Req for me. I guess it also could be based on the person with whom you talk. I said " It has been 90 days since I filed my 485 at NSC, I didn't get the Rec # and the checks are not cleared yet also" She asked for the excat date. I told "July 18". She said, "Sorry about the incovenience". She asked for my zip code. Then she said " This is the first time I am using the Service Request System", so bear with me. She asked for my name and date of birth and address and phone. She said "An agent will be assigned to your case within two days to look for your application. The agent will contact you thro phone or you will get a mail". I asked her what can I do if my checks are not cleared. She said "Wait for a week, and then call us". My checks got cleared in two days , but the Rec # are not available on line.
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gccovet
02-17 05:04 PM
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
I was wondering the same thing. On other hand, I don't remember exactly where, read that as USCIS has updated their software, hence, FP's will not be required again. I may be wrong here, I myself, am interested to know if I need to follow up with USCIS after my jul-07 filing.
GCCovet
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
I was wondering the same thing. On other hand, I don't remember exactly where, read that as USCIS has updated their software, hence, FP's will not be required again. I may be wrong here, I myself, am interested to know if I need to follow up with USCIS after my jul-07 filing.
GCCovet
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ab_tak_chappan
08-14 10:53 PM
2006PD people are younger (most of them) and can contribute to the future to a greater extent and have less baggage :D
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
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ilikekilo
04-28 02:46 PM
I was hoping some one will be able to tell us something abt it but seems as no one has recd. a mail like that from USCIS.:confused:
hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see
hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see
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mirage
01-28 08:58 PM
I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?
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ramraj_02
10-20 09:20 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Hi, I have been through canada for my last visa stamping, Went to montreal had no problem at all.
Thanks
Hi, I have been through canada for my last visa stamping, Went to montreal had no problem at all.
GreenCard4US
03-15 01:15 PM
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
If anyone has gone through this please respond. Thanks.
nik.patelc
02-18 08:39 PM
I just noticed that your PD date is Nov 2004 EB2. I am just curious that CIS is processing case with PD NOV 2004 in March but March 2009 bulletin show EB2 Feb 2004.
Would you share details when did you get GC interview?
Would you share details when did you get GC interview?
