Refugee_New
12-20 05:23 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
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mikekanna
03-16 03:38 PM
EB1 - MNC Executive clause from the DOS Website
==============================
Certain executives and managers who have been employed
at least one of the three preceding years by the
overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant must be coming to
work in a managerial or executive capacity. No labor
certification is required for this classification, but
the prospective employer must provide a job offer and
file a petition with the USCIS.
Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?
Q2) Can the clause "Atleast 1 of the 3 preceding years" be
interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?
The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.
Pls. let me know if anyone has responded to such a situation.
Thanks.
==============================
Certain executives and managers who have been employed
at least one of the three preceding years by the
overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant must be coming to
work in a managerial or executive capacity. No labor
certification is required for this classification, but
the prospective employer must provide a job offer and
file a petition with the USCIS.
Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?
Q2) Can the clause "Atleast 1 of the 3 preceding years" be
interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?
The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.
Pls. let me know if anyone has responded to such a situation.
Thanks.
ItIsNotFunny
10-16 11:52 AM
yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
Hey,
I mentioned very clearly that someone who didn't want to come in front did this. So definitely its not you as you wanted to express your opinion and discuss in public. I always appreciate other's suggestions as it will eventually bring us to right or better decision. I only hate people who don't want to do anything and curse people who want to do something.
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
Hey,
I mentioned very clearly that someone who didn't want to come in front did this. So definitely its not you as you wanted to express your opinion and discuss in public. I always appreciate other's suggestions as it will eventually bring us to right or better decision. I only hate people who don't want to do anything and curse people who want to do something.
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imh1b
03-12 02:47 PM
Kumar123 is either a woman in late 30s not able to get married and thus so bitchy. Or a man who is frustrated in life, dominated by his woman and so taking it out on IV.:D:D
Chill man. !
At least you are EB2. Think about people in EB3.
Chill man. !
At least you are EB2. Think about people in EB3.
more...
jsb
03-09 12:27 PM
This is horrible. Does not make much sense.
No significant, if any, movement, even though it is supposed be a new quarter?
No significant, if any, movement, even though it is supposed be a new quarter?
paskal
12-26 04:18 PM
london: needed
paris: needed if your visa is expired, check the web site they still have that requirement, i think they relaxed it to the extent that if US visa is valid, you don't need it. they refuse to consider any other documents/papers.
what i don't know specifically is: if i'm travelling TO India ie my home country- i have an Indian passport, why should they care? But i think checks are done prior to departure in the US.
the point is...it's becomeing ahuge pain in the rear ...more so everyday.
paris: needed if your visa is expired, check the web site they still have that requirement, i think they relaxed it to the extent that if US visa is valid, you don't need it. they refuse to consider any other documents/papers.
what i don't know specifically is: if i'm travelling TO India ie my home country- i have an Indian passport, why should they care? But i think checks are done prior to departure in the US.
the point is...it's becomeing ahuge pain in the rear ...more so everyday.
more...
jasmin45
07-16 05:45 PM
Its interesting to see how organized they are and how arrogant their wordings are .. Looks like they have quiet a bit of influence in political spectrum.
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ash123
02-12 04:04 PM
We have to wake-up before same continue while EAD/AP renewal
more...
jainnidhi26
03-11 09:59 AM
Is there any acco/carpool available near REAGAN INTERNATIONAL ??
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vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(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.
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(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.
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
more...
dhirajs98
06-11 02:16 PM
Sent an email out and forwarded it to 4 friends.
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lvinaykumar
07-16 07:40 PM
Can we sue them for spreading false information
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zuhail
03-10 03:58 PM
I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.
We would succeed if we just focus a single item-- Visa Recapturing and NO other business.
By the way Mr.snathan, are you an administrative member of the IV team?.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.
We would succeed if we just focus a single item-- Visa Recapturing and NO other business.
By the way Mr.snathan, are you an administrative member of the IV team?.
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vina92
01-16 02:19 PM
I just signed up for monthly $20.00 contribution.
Vina92
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belmontboy
02-19 04:11 AM
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
How exactly are illegals going to prove that they have been here for more than 5 years?
How exactly are illegals going to prove that they have been here for more than 5 years?
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StarSun
02-17 09:50 AM
Who is IV?
You and I = WE.
You and I = WE.
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DDD
03-11 12:04 AM
pretty cool grinch....gotta work on your lighting a bit...:beam:.
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jw419
04-14 03:11 AM
Many people do not know about this issue yet. My senators do not want to do much on this issue because it is sensitive to bogus national security. My corporate lawyers (and executives) do not want to draw attention to this matter because retrogression is less trickier than this one politically. Guys we need to speak out otherwise nobody will even know about this issue.
How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!
How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!
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svr_76
06-10 02:04 PM
exactly..and our best approach would be to also reach other lobbying/groups that represents the employers impact by this to determine a directed/specific approach.
MDix
03-10 02:22 PM
If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
sundarpn
01-18 11:45 PM
off topic. Since you went to get yout visa stamped, was there any dealy due to the new PIMS verification system?
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.