lazycis
12-21 01:31 PM
Here is a shortened version:
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first 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 (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
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 paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
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), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first 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 (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
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 paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
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), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
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cox
April 3rd, 2005, 08:39 PM
The filter is an excellent suggestion, Gary - I prefer to do things in-camera. I did not take later shots, so I can't sandwich them. The reds were extremely short lived, and clouds were moving in (and it was freezing), but I'll remember to get a couple of different exposures for next time.
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
sushilup
05-03 10:34 AM
Hello Guys,
Here is my situation, it might help to many, who are planning to move to MA..
My background License history:
I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.
Now 1 month ago moved to MA:
1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.
2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.
Now the problem-
They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.
Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
Now we are stuck, until she passes her written and road test.
Same thing is going to happen for me. I am in very painful situation and don't know the way out.
If anyone has similar situation, please share.
ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED
GOD BLESS TO US ALL..
Here is my situation, it might help to many, who are planning to move to MA..
My background License history:
I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.
Now 1 month ago moved to MA:
1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.
2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.
Now the problem-
They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.
Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
Now we are stuck, until she passes her written and road test.
Same thing is going to happen for me. I am in very painful situation and don't know the way out.
If anyone has similar situation, please share.
ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED
GOD BLESS TO US ALL..
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neerajkandhari
07-27 05:04 PM
Once i use my EAD can i work accepting 10/99 (contractor) with same or some other employer I am on H1b
Can my wife work as contractor she is on H4
Can my wife work as contractor she is on H4
more...
cjain
08-10 04:36 PM
...if you want...i'll post here..
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
TomPlate
01-09 03:29 PM
All will become current. Donate guys.
more...
gcdreamer05
01-15 06:14 PM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
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chanduv23
08-10 11:50 AM
Get some inspiration
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and make it to the meeting and rally :)
qtW8h5vLfn4
and make it to the meeting and rally :)
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antihero
12-01 12:06 PM
It's not your airline but your transit stop. If your flight is through London, you'll probably need a transit visa, but check with someone.
the flights that I have booked fly via doha, qatar.
i have heard that even in the case of london, transit visa is not required if the passenger has a valid document to enter his/her destination. which means that an indian citizen must have an indian passport while going to india, and must have a valid visa for usa if going to usa. i have heard that many people unnecessarily obtain transit visa for britain where none is required. one can check british govt websites to confirm this.
the flights that I have booked fly via doha, qatar.
i have heard that even in the case of london, transit visa is not required if the passenger has a valid document to enter his/her destination. which means that an indian citizen must have an indian passport while going to india, and must have a valid visa for usa if going to usa. i have heard that many people unnecessarily obtain transit visa for britain where none is required. one can check british govt websites to confirm this.
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namm80
01-10 08:43 PM
prout02: You mind sharing if you are in the Bay Area, CA or elsewhere? It seems to me there are 2 variables to this FP scheduling:
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
more...
gnutin
06-10 12:43 PM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
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vinabath
07-31 11:05 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
more...
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ivgclive
05-11 03:43 PM
Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.
Please tell us what made yourself to file on NIW category.
Please tell us what made yourself to file on NIW category.
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greenlight
02-18 03:24 PM
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D
I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D
more...
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vkmurthy260
06-20 11:11 PM
According to my attorney i have to go out of the country and come back to get a new I 94 , He also said for trips to mexico less than 30 days you dont get a new I 94 is that true , i dont want to file a extension bcos i cant afford attorney fees now. Anyone got a new I 94 when entering from Mexico.
Thanks
Kris.
Thanks
Kris.
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iqube00
04-24 01:48 PM
my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
more...
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Thiru
09-22 08:51 PM
My AP was approved on Sep2. Still awaiting the AP in mail.
Which Service Center TSC or NSC????
Which Service Center TSC or NSC????
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Dustinthewind
01-04 12:33 AM
Everyone -
I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.
It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.
Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.
Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.
I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)
OR on You Tube at:
YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)
Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)
Thank you so much. I appreciate it.
I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.
I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.
It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.
Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.
Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.
I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)
OR on You Tube at:
YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)
Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)
Thank you so much. I appreciate it.
I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.
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digmetalq
08-21 04:27 AM
Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.
Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.
Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.
You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.
Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.
Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.
You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.
Winner
12-25 10:55 AM
I have printed the banners (they will go up on all the Indian stores that I can find).
I have sent out an email to all my friends who are on work permits.
Great Idea!
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
I have sent out an email to all my friends who are on work permits.
Great Idea!
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
krishnam70
08-16 01:04 PM
Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..
Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...
They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.
I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)
Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...
They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.
I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)
