susie
09-27 11:23 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
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Queen_of_Sheeba
05-07 01:24 AM
wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...
gsrknth
08-22 11:59 AM
I have a simple stupid question. Do we have to attach passport size photos when applying for AP renewal?
Thanks in advance.
Yes you will need 2 photos for AP renewal , else you will receive RFE for photos.
Thanks in advance.
Yes you will need 2 photos for AP renewal , else you will receive RFE for photos.
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vrkgali
02-13 11:36 AM
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
these things are like taking a duck to the pond ... for a Desi..
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
these things are like taking a duck to the pond ... for a Desi..
more...
ssdtm
03-01 04:45 PM
There is nothing you can do now. You cannot change the past. Realistically there is only a very small probability that it will become an issue at 485 approval stage.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
anilsal
07-17 11:42 PM
Alright all,
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
An answer will magically appear after you have contributed to the IV cause.
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
An answer will magically appear after you have contributed to the IV cause.
more...
fasterthanlight�
05-10 10:25 PM
Yeah I noticed you like his little errors heh? Hahah nice concept!
Lol, I guess so, i got bored of my other avatar, and i didnt have any other ideas. I'm glad you guys like the stamp
Lol, I guess so, i got bored of my other avatar, and i didnt have any other ideas. I'm glad you guys like the stamp
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
more...
psaxena
09-30 07:51 PM
Free loader leave it , Now marketing vonage to get free 2 months.
When would you leave being so cheap
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
When would you leave being so cheap
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
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eucalyptus.mp
02-17 08:59 PM
I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?
more...
GCBy3000
06-22 10:46 AM
We will sit idle and they will sit idle till the PD moves. Once the PD moves, they MIGHT get some 485 applications to process. Since the PD is retrogressed four to five years last year, most of the people with PD till the end of 2003 have already filed 485. The movement of PD until 2003 end will add some 485 to USCIS.
The real fun to watch is when the PD moves beyond Jan'04. The service center will be flooded with 485 applicaitons and the flood will keep on increasing as the dates move. Lots of permutations and combinations are invloved in this scenario.
The real fun to watch is when the PD moves beyond Jan'04. The service center will be flooded with 485 applicaitons and the flood will keep on increasing as the dates move. Lots of permutations and combinations are invloved in this scenario.
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watzgc
11-05 10:36 PM
thanks wand maker...
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deeru
04-02 01:12 PM
mine is NSC...looks like NSC is taking more time than TSC..
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ajju
09-03 10:50 PM
Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
more...
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ranand00
07-13 02:20 PM
Hi
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
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gc4sk
06-24 06:40 PM
If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
more...
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pappu
08-09 07:53 AM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
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MCQ
04-22 02:24 PM
Here is my interpertation,
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
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amitk81
09-02 01:43 PM
the lawyer asked me to cancel the appointment.
My company booked me a ticket to India for a week and I got it stamped in India (Mumbai) no questions asked and in less than 3 mins I was out the consulate.
I suggest cancel the appointment and wait until you are traveling to India and get it stamped.
My company booked me a ticket to India for a week and I got it stamped in India (Mumbai) no questions asked and in less than 3 mins I was out the consulate.
I suggest cancel the appointment and wait until you are traveling to India and get it stamped.
andy garcia
03-28 08:12 PM
Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?
Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007
Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007
getgreensoon
02-24 09:41 AM
Sorry about the denial. I had a friend in the same situation. BE + MBA from IIM Cal. His I140 rejected too....for the same reason may be....even IIMs accept 3 year degrees and that is what caused the issue. The more i read about these things, the more I think that MBA is not considered equivalent to MS for the I140. Even though MBAs have more challenging jobs and earn way more than people with MS. It all boils down to demand supply thing. Many people in the US have MBAs but not MS.
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