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  • chi_shark
    07-10 10:32 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.


    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.




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  • Googler
    07-08 05:41 PM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.


    Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.




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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (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):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (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 101(a)(27) (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 101(a)(27)(C)(ii) , 2/ 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 101(a)(27)(M) .

    (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 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • gcspace
    10-03 10:17 AM
    Hey Guys ,

    I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..

    I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.

    Anyone else got a similar response ?

    To my knowledge its not business days, its 90 calendar days.



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  • desi_scorpion
    08-02 10:32 AM
    Thanks for activile asking the right questions (where the 140 was approved - nsc or tsc) on trakiitt. Thx




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  • Prashant
    07-10 10:30 AM
    A shipment of 100 Blooms of Peruvian Lilies, ProFlowers order# EGONZA0*****, was delivered by FedEx for Emilio Gonzalez at the requested address of

    20 Massachusetts Avenue, NW ,
    Washington, DC 20529

    on 7/10/2007.



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  • gcboy442
    09-11 11:01 PM
    Guys
    I got all my receipts today (Mine and my wife receipts)...My case is
    Received by J.Barrett at 10:25 AM at NSC, Case transferred to TSC on 08/05/2007 (Based on LUD). Notice Date is 09/04/2007.
    My I-140 is from TSC. I know what I went through this whole 70 day process, but as the saying goes 'There is light at the end of the tunnel'.
    Thanks IV...I owed that I pay some money towards the rally and will do that now.
    Thank You all and Good luck to those who are still waiting.




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  • sameer2730
    09-10 11:07 AM
    or maybe the official webside accidently copies the India Other workers date to EB3 ;-) . In my 9th grade a real cool dude who sat next to me would say "Man lives in hope and dies in despair"



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  • chmur
    07-27 01:21 PM
    EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
    2 year EAD is also for the whole community including future filers.

    Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?


    Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.


    The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.

    IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.

    So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.

    Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??




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  • desi3933
    07-10 06:54 AM
    @desi3933:
    This comment was then obviously was not directed to you but to others who advise to "file AC21."


    Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -


    @desi3933:

    1. ....

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?




    Please show me any of my post where I have advised people to file for AC-21.


    .
    .



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  • gclabor07
    12-18 06:43 PM
    I've been coping with GC related stress by meditating as much as I can. Meditation releases endorphines which helps you calm down and have a clutter free mind. I know it is easier said than done, but it works. I also take meditative walks on weekends. We have trails near our house which take me to deep wooded area away from traffic and everything. I walk about 4-5 miles on weekends. Lately not walking due to cold. I also listen to Deepak Chopra, Joel Osteen, Wayne Dyer on Youtube. Hope this helps.




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  • vij
    06-14 08:03 PM
    Who are all still waiting for Receipt notices? please share your info

    Here are my details
    File on June 1 at NSC
    I-140 approved by NSC
    No Receipt notice
    Checks not cashed yet,



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  • diptam
    07-04 04:51 PM
    How does this thing matter - all will be rejected ...




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  • eb3_nepa
    06-26 04:30 PM
    Umm, Eb3_Nepa, speeding is breaking the law. A speed limit is the law. In pointing out that a speeder is fined but an illegal immigrant is deported, you are pointing out the difference in punishment for breaking the law. The punishment is man's decree, nothing more, nothing less. One could argue that a speeder can cause more harm to society (by driving way faster than conditions permit, for instance) than an illegal immigrant. Yes, an illegal immigrant is breaking the law, but who knows what we would do if we had a bad life and made $1 a day and someone promises a better paying job in some other country. So let us not point fingers here, but focus instead on the value we add.

    You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.


    Stucklabour i am not going deep into the illegals issue here. What i am saying is, that if some members sympathise with the illegals, that is perfectly fine with me, you may be more humanitarian than i am and you have a right to be. My point was, that being in the country illegally is considered more of an offence than a speeding violation not by you, or me, or anyone BUT by the US Govt.

    Also just to let everyone know i am not pointing any fingers at anyone here. I dont know about you, but let me tell you why I came here. It was not money particularly that brought me here. It was the fact that inspite of doing an Engineering degree, jobs were almost impossible to come by. Inspite of being a BE from a Fairly decent Engineering college in India, i have had to work in conditions Far worse than some of the workers in that company would have to (and this was after holding a supervisor's position). My family could not afford to send me here to study outright, so we scrambled for loans and scholarships. That being done I changed professions to do a Master's in IT and completely change fields. My point is, i did all that by staying WELL under the umbrella of the law. I speak for the many many master's students who come here after studying in India and go thru faily poor student life conditions due to lack of money during college. Once again we did it the LEGAL way. We waited for our turns. You gave me a figure of $1/day that illegals make. I was making Indian Rs 4,500/month (after doing a 4 year bachelors in Engineering) which is abt $3.00/day. I also knew my batch mates making even less than that a month. So does that mean that if i came to the US illegally, i would be justified in doing so coz we were making really less money? Also while staying here, we were 3 roommates accompanied by 3 mice in our apartment and abt 2000 roaches coz the apartment was REALLY old. :) Even there i know lots of my batch mates who underwent similar and worse problems.

    Please dont take my post the wrong way, i am sure there are many many more like me who have had it MUCH worse than i did. I dont want to bring my personal problems in public. But when i read things like, "lets put ourselves in their shoes" argument, i could not just sit back and and pretend like it is ok to break the law and actually be rewarded for it.

    You are a moderator and by that right you may delete my post, but just to clear matters, i am not againt any community in particular, just against people being rewarded for breaking the law on grounds that they were making less money.



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  • helpme1234
    09-18 07:44 AM
    My appl recvd at NSC on July 3 at 11:14 am by f heuifner anyone on the same boat




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  • simple1
    05-02 02:00 AM
    http://www.state.gov/documents/organization/87867.pdf

    status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).

    ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
    203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP



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  • sam2006
    07-20 10:08 AM
    nice job guys

    I think we should extend it till monday atleast




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  • sanjeev
    06-18 10:45 AM
    Mailed to NSC on: 1st June
    Mailed From State: VA
    Received at NSC on: June 4th
    140 approved from : NSC
    Receipt Date : Still Waiting

    Cheque Not cashed as yet

    Priority Date Sept 2002




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  • lakshman.easwaran
    08-15 03:24 PM
    My I-140 is pending at TSC. Filed 485 on July 25 and reached NSC on July 26. Today I noticed that LUD on 140 case has changed to 08/12/2007. I guess my case is transferred to TSC.




    smuggymba
    07-20 11:25 AM
    Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.

    Regarding you comment on action, many IV leaders are EB3.

    It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.




    feedfront
    08-31 02:56 PM
    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D

    I wanted to laugh my gut out.. No wonder, how British ruled us for soooo longgg..



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