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  • srt57
    02-08 08:07 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.





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  • amsgc
    09-04 10:03 AM
    Just in case there are some folks who haven't voted yet - please vote





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  • pappu
    05-28 08:51 AM
    "As backlogs and deficits grew, the agency ratcheted up charges to cover its budget. The longer applicants waited, the more they paid."

    "Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget"





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  • sam_hoosier
    06-18 02:31 PM
    I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?

    Yes.



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  • ags123
    04-07 08:23 PM
    Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
    The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
    The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.

    However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
    In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
    This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
    So either method wont help Eb3 ROW. Its a double whammy.





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  • msyedy
    02-07 10:42 AM
    Might be he/she is from the EB- ROW.. Ah!!

    True .. True .. I agree
    did not think of that



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  • a1b2c3
    11-02 01:58 AM
    I asked my attorney he said that I need to wait at least 1 more year. The Nov and Dec are gone in holidays. These Gov emp are worst then Indian Gov Emp.

    I wouldn't believe everything lawyers say. I don't think you need to wait another year.





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  • VivekAhuja
    08-18 05:39 PM
    What is the BIG DEAL? So what if we are called Anchor Immigrants? This is typical Indian mentality to looks for small issues. I care a damn if we are called DOG IMMIGRANTS. It does not change anything.



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  • Sri_
    03-17 02:01 PM
    My friend recently came through EWR, he had no issue other than more waiting time (approx 1 hr). He just showed his AP & Passport. He was sent to other counter, upon which they asked only one question 'Are you the same person that it is displayed in the AP document' :)

    Everything went cool with him. His I-94 is valid for 1 year from the date of entry.


    Thanks





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  • frostrated
    08-03 03:22 PM
    USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.



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  • pappu
    03-09 11:17 AM
    Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
    Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
    F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
    F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
    F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
    F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
    F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88

    *NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 22JUL06 08MAY06 C C
    3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
    Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employment Areas/ Regional Centers C C C C C
    5th Pilot Programs C C C C C

    The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

    B. DIVERSITY IMMIGRANT (DV) CATEGORY

    Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

    For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 35,450 Except: Egypt 27,600
    Ethiopia 22,150
    Nigeria 14,100
    ASIA 19,250 Except:Bangladesh 18,350
    EUROPE 23,200
    NORTH AMERICA (BAHAMAS) 8
    OCEANIA 1,000
    SOUTH AMERICA, and the CARIBBEAN 1,075


    Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

    C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
    CUT-OFFS WHICH WILL APPLY IN MAY

    For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 42,000

    Except: Egypt 31,200
    Ethiopia 26,200
    Nigeria 15,450
    ASIA 23,500
    EUROPE 27,800
    NORTH AMERICA (BAHAMAS) 12
    OCEANIA 1,175
    SOUTH AMERICA, and the CARIBBEAN 1,150

    D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

    Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

    Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.





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  • casinoroyale
    06-21 10:38 AM
    Can someone clarify my original question please?



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  • singhsa3
    08-14 07:07 AM
    With the help of Macca , Franklin, Andy Gracia and others, I intend to finalize it today. Will try to hold a conference call later in a evening for the final tits bits.
    In next couple of days, we shoud release this for printing....





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  • thomachan72
    07-31 07:50 PM
    I think they will adopt a new system. Old one has turned out to be boring.

    EB1 Current
    EB2 (India/China) Very current
    EB3 (India/china) Very very current
    ROW (what the heck there is no need of ROW anymore)



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  • caydee
    05-22 08:12 PM
    $100.00 Paypal transaction ID #87H816341N4114833

    Contributions to date - $220 (from Dec 06)





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  • knnmbd
    05-11 03:16 PM
    Guys,

    I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:

    1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
    2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota

    Yes. If you have a Advance degree in STEM + 3 years experience in U.S on H1b or OPT for F1 visa holders ( the experience is not required as per SKIL bill) AND have Cleared the LC stage AND have applied for and cleared I-140( with the concurrent filing going away) ,then you can file for I-145 irrespective of what the PD is at that point of time and irrespective of what your country of birth is.



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  • maverick6993
    03-27 12:01 PM
    I dont know but i am sure talking to him wont harm. Also i had read about a guy who started a company and was stuck in India because of H1 stamping delays. I am searching for the article.





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  • dilipb
    06-23 04:55 PM
    I DID NOT pay the huge fee.

    I think they had given a waiver till August 21 or so for the July fiasco filers.

    Do you think I still not have to pay or should I pay the fee ?

    Oh ya I remember that.
    I recommend you talk to some lawyer or call USCIS.
    USCIS is helpful.
    My take on it is this : you have to PAY $340.
    A lawyer will always say "DO AS PER INSTRUCTIONS".
    But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
    I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
    Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.





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  • salshaik
    03-24 08:46 PM
    KrishGreen and others,

    I understand from the posts that some of you got i-140 and other perm labor documents. Would it be fine to write on g-639 as mentioned below to get I-140 and other perm related documents

    Request for a copy of approved i-140, petition of i-140 and perm labor documents.

    Could you be more specific or elaborate what to mention on the g-639 form under #4 which says Identify the documents records , or information you are seeking?

    Please validate and this would greatly help to others. The only reason I am asking is I am not sure what documents can be requested such as perm labor can be requested or not. Your help greatly appreciated.

    Thanks,
    SS





    dilipb
    06-23 02:22 PM
    Hi Dilip,
    Where did you find the updated Renewal Form, I saw an update in Murthy.com, we need to use the latest for for I765

    and How much was the fee(Check you sent)

    Thanks,
    -Raj.


    This is the correct process of EAD renewal.
    - get the latest form always from http://www.uscis.gov/i-765
    - never use google or any search engine
    - since my first EAD was filed before the new changes implemented last year (i think july 2007), I had to pay $340. I think everyone has to pay $340 (Your case may be different, read the instructions properly)

    This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!

    Bottom line is : Read the instructions properly.
    Email me if you need any help.





    dhirajs98
    07-02 07:30 AM
    i upgraded on 6/19.no news yet. saw 2 times lud...

    One of my friends who converted his I-140 to PP recently has got a response from USCIS saying that they will take 60 days instead of 15 days to reach to any conclusion. I am not sure whehter they av changed the rules under the hood but ready to announce it.

    My I140 is stuck for almost a month now w/o any updates.



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