grupak
08-25 02:54 PM
Sorry that the IO couldn't assign you a visa number.
Lessons learned:
(1) Keep Fedex delivery proof for receipt date in addition to I-485 notice
(2) Keep the memo concerning July fiasco
(3) Memo for AC 21 if it applies.
I am surprised that the IO didn't have the memo for the July fiasco.
Lessons learned:
(1) Keep Fedex delivery proof for receipt date in addition to I-485 notice
(2) Keep the memo concerning July fiasco
(3) Memo for AC 21 if it applies.
I am surprised that the IO didn't have the memo for the July fiasco.
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chanduv23
11-11 01:24 PM
I have a nine month old and I can understand your feelings. I hired a nanny through sulekha but did a lot of reference checking and tried her when my parents were around here in US and they monitored her carefully and then gave us the green signal to keep her before they left.
So not all nannies are like that. There are good nannies too. I pay a lot of money a lot more compared to what thunderbolt quoted ONLY because we found her to be nice and caring. She gets calls from her earlier employers who say their kids want to speak with nanny and say hello.
It is just your bad luck. Nannycams are very useful and plan to get one for myself just for my satisfaction even though we are happy with our nanny.
Like someone suggested - daycare would be a good option and I even thought about it but a 8 month old kid may catch alleriges easily and thats why I backed off too.
Now about legal recourse - the best thing is to get out of any kind of mess. You were aware that you must not hire a nanny illegally and now you pay the price. No problem. Just say good bye to her and be careful next time
So not all nannies are like that. There are good nannies too. I pay a lot of money a lot more compared to what thunderbolt quoted ONLY because we found her to be nice and caring. She gets calls from her earlier employers who say their kids want to speak with nanny and say hello.
It is just your bad luck. Nannycams are very useful and plan to get one for myself just for my satisfaction even though we are happy with our nanny.
Like someone suggested - daycare would be a good option and I even thought about it but a 8 month old kid may catch alleriges easily and thats why I backed off too.
Now about legal recourse - the best thing is to get out of any kind of mess. You were aware that you must not hire a nanny illegally and now you pay the price. No problem. Just say good bye to her and be careful next time
gcdesirer
08-20 11:05 AM
I saw a couple of cases from 2003 updating their status yesterday in EB2 India Texas..... in
Just sharing info...
I was trying to figure out all these greens and reds... How does one get them.... and the mouse on the green squares to the right say stuff like "distinguished road", "Aura", "jewel on the rough" etc... what does this mean?
And the circular green light next to name means "I am online now" right???
Just sharing info...
I was trying to figure out all these greens and reds... How does one get them.... and the mouse on the green squares to the right say stuff like "distinguished road", "Aura", "jewel on the rough" etc... what does this mean?
And the circular green light next to name means "I am online now" right???
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reddymjm
03-08 12:19 AM
Sent $100,00 for FOIA using Paypal.
Transaction ID: 9VX874651W167245C
I see kvrr in 100 vote. R u the same guy..
Transaction ID: 9VX874651W167245C
I see kvrr in 100 vote. R u the same guy..
more...
mbawa2574
08-21 06:47 PM
Our problem is that we do not want to accept this news. Unless we receive some confirmed news to contrary we should not blame someone who might have shared this news with us in good faith. Let's try to find out the truth first.
It may be right. One of my congresswomen assistants called up USCIS and they were told that due to many apps, there is lot of confusion and they will get back to her in week's time. Not sure but looks like USCIS/DOS has boned this up again :-)
It may be right. One of my congresswomen assistants called up USCIS and they were told that due to many apps, there is lot of confusion and they will get back to her in week's time. Not sure but looks like USCIS/DOS has boned this up again :-)
coolpal
07-17 08:44 PM
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santb1975
11-29 11:28 PM
For your contribution
Contributed $100 today through google checkout
Order Details - Nov 29, 2007 12:51 GMT-05:00
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Contributed $620 so far. More to come
Contributed $100 today through google checkout
Order Details - Nov 29, 2007 12:51 GMT-05:00
Google Order #158495905782644
-----------------------------------------
Contributed $620 so far. More to come
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Madhuri
12-19 11:33 AM
Done. This is my third contribution.
more...
unitednations
02-04 11:01 PM
No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
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gupab01
04-26 03:41 PM
Yes, I have applied for H1-B under master's quota PP on the 3rd of April but have not recd any receipt notification...don't panic am sure we will hear something in the next 2 weeks...
but the deadline for processing premium processing cases is tomorrow (4/27). By tomorrow we should ideally be receiving the approval notifications and not still waiting for the receipt notice....
ur thoughtson this.......???
but the deadline for processing premium processing cases is tomorrow (4/27). By tomorrow we should ideally be receiving the approval notifications and not still waiting for the receipt notice....
ur thoughtson this.......???
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anandbaghel
07-06 03:15 PM
Onnline order confirmation number is W00552500723549
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santb1975
11-29 01:16 AM
I will get my teen cousins to look at it too
Have been buzy with work. Santb thanks for the reminder
GuysnGals and Kids, here is the ebay posting. Go out and bid on this special Wii. All proceeds will be donated to IV
Have Fun:)
http://cgi.ebay.com/Nintendo-Wii_W0QQitemZ200179110002QQihZ010QQcategoryZ62054Q QssPageNameZWDVWQQrdZ1QQcmdZViewItem
Have been buzy with work. Santb thanks for the reminder
GuysnGals and Kids, here is the ebay posting. Go out and bid on this special Wii. All proceeds will be donated to IV
Have Fun:)
http://cgi.ebay.com/Nintendo-Wii_W0QQitemZ200179110002QQihZ010QQcategoryZ62054Q QssPageNameZWDVWQQrdZ1QQcmdZViewItem
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msp1976
02-04 01:26 PM
that's right the actual law had two words that could change the actual meaning of how they are supposed to do it (ie., vertical versus horizontal). Some people (i was one of them) thought that at such a stalemate in the words that coomon sense should prevail. Common sense would dictate that skill would prevail over diversity.
However; the rules were always such that there was never any horizontal spillover but rather vertical. The main thing that changed was that the unused visas from row could be used by retrogressed countries quarterly rather then annually.
That is why USCIS never published the regulations for AC21...They are sure as hell that their ass is gonna get sued...whatever regulations they propose... Now it is a miracle that no one has sued them....May be they are waiting for someone to sue them....
However; the rules were always such that there was never any horizontal spillover but rather vertical. The main thing that changed was that the unused visas from row could be used by retrogressed countries quarterly rather then annually.
That is why USCIS never published the regulations for AC21...They are sure as hell that their ass is gonna get sued...whatever regulations they propose... Now it is a miracle that no one has sued them....May be they are waiting for someone to sue them....
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SunnySurya
08-21 04:22 PM
Is there ways to confirm this?
Originally Posted by cableching
I had a Fingerprint appointment for my EAD today at ASC, after the fingerptints, I went to the IO to ask about my Namecheck status, she's very nice lady, though I didn't have an Infopass appointment for any enquiry, she did offer to help. She showed me DOS Memo she just received about no more visas for India/China EB2 for this fiscal year. She did infoact show us the memo.
She did check mine and my wife's Name Check. Luckily our name check is cleared and she told we have to just wait for the visa numbers.
Originally Posted by cableching
I had a Fingerprint appointment for my EAD today at ASC, after the fingerptints, I went to the IO to ask about my Namecheck status, she's very nice lady, though I didn't have an Infopass appointment for any enquiry, she did offer to help. She showed me DOS Memo she just received about no more visas for India/China EB2 for this fiscal year. She did infoact show us the memo.
She did check mine and my wife's Name Check. Luckily our name check is cleared and she told we have to just wait for the visa numbers.
more...
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unitednations
02-04 01:08 PM
Hey UN
Are you aware of State Deptt URLs that explain current immigration rules (similar to IRS rules) as following.
Someone posted a URL that requires a good choice of search words. Such a process may not get all info specially for a novice like me. Thanks.
that's right the actual law had two words that could change the actual meaning of how they are supposed to do it (ie., vertical versus horizontal). Some people (i was one of them) thought that at such a stalemate in the words that coomon sense should prevail. Common sense would dictate that skill would prevail over diversity.
However; the rules were always such that there was never any horizontal spillover but rather vertical. The main thing that changed was that the unused visas from row could be used by retrogressed countries quarterly rather then annually.
Are you aware of State Deptt URLs that explain current immigration rules (similar to IRS rules) as following.
Someone posted a URL that requires a good choice of search words. Such a process may not get all info specially for a novice like me. Thanks.
that's right the actual law had two words that could change the actual meaning of how they are supposed to do it (ie., vertical versus horizontal). Some people (i was one of them) thought that at such a stalemate in the words that coomon sense should prevail. Common sense would dictate that skill would prevail over diversity.
However; the rules were always such that there was never any horizontal spillover but rather vertical. The main thing that changed was that the unused visas from row could be used by retrogressed countries quarterly rather then annually.
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hianupam
02-05 08:28 AM
If the DOS says this is because this what the law establishes:
"The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
How do you like if people from a certain country go to India to take all your jobs?
The catch is that you will first have to establish that you can't find an Indian to do that job. A very very hard task I would assume!
"The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
How do you like if people from a certain country go to India to take all your jobs?
The catch is that you will first have to establish that you can't find an Indian to do that job. A very very hard task I would assume!
more...
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Sherman_tribiani
09-07 11:26 PM
Yes, we all shall see. 10,000, lol. I laugh at your post. A good laugh before going to bed is always good.
Friend - Why don't you wait till 9/18 and have this discussion. Oh, hold on, by that time, the rally will be a huge success and you won't be around here to show your face. Strength is in numbers and you will see the power of immigrants on 9/18. If we could reverse a visa bulletin with a rally of 350+ members and couple of hundred flowers, we will be headlines with 10000+ rally. This is going to be a historic event and why don't you take our side and be part of history instead of being an anti-immigrant cry baby.
Friend - Why don't you wait till 9/18 and have this discussion. Oh, hold on, by that time, the rally will be a huge success and you won't be around here to show your face. Strength is in numbers and you will see the power of immigrants on 9/18. If we could reverse a visa bulletin with a rally of 350+ members and couple of hundred flowers, we will be headlines with 10000+ rally. This is going to be a historic event and why don't you take our side and be part of history instead of being an anti-immigrant cry baby.
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santb1975
11-29 02:27 PM
We need committed Members like you
Signed up for $50 monthly recurring contributions.
Together, we can do it! Go IV!
Signed up for $50 monthly recurring contributions.
Together, we can do it! Go IV!
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fromnaija
12-18 06:09 PM
My first contribution of $100 has just been sent through Paypal. Will do more in the coming months.
niklshah
03-07 12:59 AM
guys pls keep contributing even if we reach $5000, dont think that oh we have reached $5000 we dont need to contribute now. all money will help in future IV efforts and lobbying....
deecha
07-21 07:58 PM
Hi, Please let me know your thought on my situation. I was on H1 thru Company A. I don't have pay stubs for the last 3 months of 2005 since i was on bench, but got the salary that is mentioned on LCA in pay stubs till end of Sept. When I asked my employer to pay me for the time on bench he said that he has paid the LCA salary and doesn't have to pay.
So having said that, am I in Status or Out of Status?
I would think that you are out of status for those 3 months, because one of clauses of the of the employer-employee relationship, governed by your employment contract, was violated (by you not being paid.)
Your employers ability not to pay, is not your fault. If/when you file for your 485, have your lawyer draft up affidavits to this effect. I am not a lawyer, consult a good lawyer for the best advice.
So having said that, am I in Status or Out of Status?
I would think that you are out of status for those 3 months, because one of clauses of the of the employer-employee relationship, governed by your employment contract, was violated (by you not being paid.)
Your employers ability not to pay, is not your fault. If/when you file for your 485, have your lawyer draft up affidavits to this effect. I am not a lawyer, consult a good lawyer for the best advice.
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