indianabacklog
08-01 10:05 AM
I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
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GKBest
07-16 11:50 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
itsmedude
02-12 05:56 PM
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
No I did not, I put H1B transfer and joined new company later he found out and i told him over phone i joined another company but my H1B with his company is still active.
do you thing this would be a problem?
There is no such agreement with him that i will have to give 15 day notice like that.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
No I did not, I put H1B transfer and joined new company later he found out and i told him over phone i joined another company but my H1B with his company is still active.
do you thing this would be a problem?
There is no such agreement with him that i will have to give 15 day notice like that.
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qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
more...
GCwaitforever
11-17 09:23 AM
What is the procedure to file Tax from India?
1. Designate one of the tax filing companies (HR block etc ...) as your agent by filling a form (check IRS web site) and give it to your. Your company will issue W-2 to this agent. You have to pay filing fee in advance to the tax filing company.
2. If your company issues W-2 electronically and your banks/financial institutions produce 1099s electronically, you can file the returns from India electronically and direct refund to your bank account.
1. Designate one of the tax filing companies (HR block etc ...) as your agent by filling a form (check IRS web site) and give it to your. Your company will issue W-2 to this agent. You have to pay filing fee in advance to the tax filing company.
2. If your company issues W-2 electronically and your banks/financial institutions produce 1099s electronically, you can file the returns from India electronically and direct refund to your bank account.
vban2007
08-19 02:00 PM
I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.
Dos anyone has any idea?
Thanks.
Do we need to select this last option?:
I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.
Dos anyone has any idea?
Thanks.
Do we need to select this last option?:
I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.
more...
needhelp!
02-08 04:26 PM
If I were you, I would talk about my problem and how frustrated I am to ALL my colleagues and friends and well-wishers and get atleast 100 letters that will help to pass the "filing before PD current" admin fix which is part of the current campaign.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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hiralal
05-05 10:16 PM
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
more...
smuggymba
05-12 03:29 PM
DREAM Act Re-introduced in the Senate
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
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GCwaitforever
11-17 01:57 PM
Part of the reason was that few H-1B applicants were running big debts on credit cards and leaving the country. Credit card companies have no way of collecting the money overseas. Few bad apples make every one else look bad.
more...
logiclife
05-25 10:47 AM
Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.
Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.
Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".
Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.
I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.
US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.
Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.
Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".
Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.
I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.
US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.
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jsb
02-04 02:52 PM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.
more...
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Kushal
11-21 02:48 PM
That's very true. Shame on us for being lazy and waiting for the right moment.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
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rockstart
03-17 09:02 AM
What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?
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mnq1979
10-29 04:50 PM
Thanks for the reply
I don't have a muslim name. I am a Hindu so as my name.
Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.
But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.
when is ur info pass appointment?
I don't have a muslim name. I am a Hindu so as my name.
Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.
But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.
when is ur info pass appointment?
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Libra
01-12 03:34 PM
please send letters and vote here.
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tinku01
02-12 12:00 PM
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
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little_willy
09-19 04:29 PM
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
So, with this posting I assume that you neither attended the rally nor put in any effort towards it cause. I sincerely wish I am wrong. Don't be so dumb and also claim that you are high skilled, they don't go together. Yes, we did get our autographs and we have the right to flaunt for what we did at DC. You have the right to post what you wish but don't ever again ridicule the people who put in the efforts.
So, with this posting I assume that you neither attended the rally nor put in any effort towards it cause. I sincerely wish I am wrong. Don't be so dumb and also claim that you are high skilled, they don't go together. Yes, we did get our autographs and we have the right to flaunt for what we did at DC. You have the right to post what you wish but don't ever again ridicule the people who put in the efforts.
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msekhargc
12-03 05:30 PM
Hi,
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
mallu
02-20 04:46 PM
Can anybody estimate out of the 47000 identified cases that is affected by Name Check...
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
.
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
.
m306m
06-02 10:45 AM
done
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