Soul
05-27 05:27 PM
:P
wallpaper Category: Alison Brie
snathan
06-20 09:45 PM
^^^^^^^^^^^
pablo8000
04-16 07:36 PM
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
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vxg
10-19 05:38 PM
For new investors starting with index funds, mutual funds is best. You can see good value in banking area funds like KBE,XLF or when NASDAQ plunges buy qqqq.
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
more...
rb_248
09-10 03:25 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.
swamy
01-02 12:57 PM
I am from ATL
eduction evaluation done by a prof from GA sate university
and my transcripts.
Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.
eduction evaluation done by a prof from GA sate university
and my transcripts.
Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.
more...
lkapildev
04-15 03:12 PM
Nothing will affect you. You are at the beinging stage of your GC. Donot get tensed or panic .. all will be smooth. I donot think there is any way to to inform DOL. Contact your attroney for any clarification.
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dante1271
08-05 07:01 PM
Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?
more...
rainbow0929
08-08 05:08 AM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
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chanduv23
08-29 10:37 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
more...
JeffDG
01-19 08:04 PM
I like to talk about people who wouldn't qualify as EB2/EB1...
Bill Gates for example. Steve Jobs for another...both are college dropouts...ok, now they could get EB1C, but neither qualifies for EB2.
Another dropout who is an immigrant is Richard Branson (Virgin everything)
Bill Gates for example. Steve Jobs for another...both are college dropouts...ok, now they could get EB1C, but neither qualifies for EB2.
Another dropout who is an immigrant is Richard Branson (Virgin everything)
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pdakwala
06-26 12:12 PM
The senate just voted on the cloture motion. The motion is agreed to and the bill proceed further. The bill got 64 yes and 35 no. The senate majority leader Reid of Nevada is expected to choose the "clay pigeon" option.
The option will give the expedite passage of this bill from the Senate.
Pratik
The option will give the expedite passage of this bill from the Senate.
Pratik
more...
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guygeek007
11-04 01:17 PM
Update : My 140 got approved on Oct 31 @ NSC after ability to pay RFE was addressed with CPA eval documentation. Thanks for all your assistance and support!
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
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jnagendra
08-13 01:35 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
more...
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WillIBLucky
05-30 01:39 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
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anurakt
01-08 09:21 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
more...
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fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
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eb3retro
04-15 08:40 AM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.
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dontcareaboutGC
03-19 11:24 AM
Ignore this if this is a repost!
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
meridiani.planum
04-21 05:09 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
dpp
02-21 01:15 PM
May be there is some problem with your system. It was updated in the morning only and we are all getting the latest one. Please clear cache and try again.
I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.
I try to access the page now and it shows the old one ...hehe :mad: ..
Hopefully they are in the process of correcting/retracting ...
I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.
I try to access the page now and it shows the old one ...hehe :mad: ..
Hopefully they are in the process of correcting/retracting ...
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