grupak
08-05 10:51 AM
These guys are not consistent. I should have gotten a 2 year EAD.
Dunno who to take this up with.
Sorry to hear they gave you 1 yr EAD.
I don't know why USCIS just don't make their ( and our) life simpler by just issuing 2yr EADs. Deciding how close to current is close enough for 1 yr EAD is extra effort. If its a funding issue, they can give the customer the option for multi-year EAD and extra fee.
Dunno who to take this up with.
Sorry to hear they gave you 1 yr EAD.
I don't know why USCIS just don't make their ( and our) life simpler by just issuing 2yr EADs. Deciding how close to current is close enough for 1 yr EAD is extra effort. If its a funding issue, they can give the customer the option for multi-year EAD and extra fee.
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manja
11-17 03:39 PM
Done for TX. Thanks!
FinalGC
07-09 02:06 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
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ca_immigrant
02-01 11:48 PM
All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
Is OCI an option ? I am actually a little confused as to what happened to the OCI option now a days ?
My daughter is 5 and is a US citizen and we got an OCI for here in 2006.
Now we have a son who is 5 months and looks like OCI is not an option anymore...and we will have to get a PIO...
Also I think for the PIO route....you have to report to the police...only if you are above 18....
On bribery...I know it was a big issue before...but I thought people are more scared to take bribes now a days due to the way there are hidden cameras everywhere...
I magine taking ur iphone and trying to bribe a cop back home (while recording) .... -:)
yes, I myself have bribed some idiot policemen , when I was still in India in 1999-2000.
ek tho paise lethe hein aur upar se chilate bhi hein...they take moeny from you and also yell at you...(yes when you are quite younger they do not respect you and just take money from you for all weird reasons)
...I wish I had a iphone then which could record the @#%#$^%$^
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
Is OCI an option ? I am actually a little confused as to what happened to the OCI option now a days ?
My daughter is 5 and is a US citizen and we got an OCI for here in 2006.
Now we have a son who is 5 months and looks like OCI is not an option anymore...and we will have to get a PIO...
Also I think for the PIO route....you have to report to the police...only if you are above 18....
On bribery...I know it was a big issue before...but I thought people are more scared to take bribes now a days due to the way there are hidden cameras everywhere...
I magine taking ur iphone and trying to bribe a cop back home (while recording) .... -:)
yes, I myself have bribed some idiot policemen , when I was still in India in 1999-2000.
ek tho paise lethe hein aur upar se chilate bhi hein...they take moeny from you and also yell at you...(yes when you are quite younger they do not respect you and just take money from you for all weird reasons)
...I wish I had a iphone then which could record the @#%#$^%$^
more...
Sunx_2004
09-15 09:12 AM
Very important point Sandy-
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
eb3_nepa
08-13 02:19 PM
This is the latest USCIS scheme (read SCAM)!!
Accept everything but issue notices at a snail's pace citing the "fee increase" as the reason for "front log" (btw what the heck is a FRONT LOG???)
Until you dont receive the notices you cant avail of the benefits anyways. In the meantime, without any notice they change processing times and take away interim benefits as they see fit.
Correct me if i am wrong but is the situation improving or getting worse?
Accept everything but issue notices at a snail's pace citing the "fee increase" as the reason for "front log" (btw what the heck is a FRONT LOG???)
Until you dont receive the notices you cant avail of the benefits anyways. In the meantime, without any notice they change processing times and take away interim benefits as they see fit.
Correct me if i am wrong but is the situation improving or getting worse?
more...
elaiyam
06-26 02:56 PM
http://www.uscis.gov/files/form/i-485.pdf
see page 5
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
see page 5
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
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Greatdesi
08-28 09:32 PM
My wife and I submitted affidavits about the date of birth. We received our approvals 10 days without any RFEs about those affidavits.
-GK
Submitted affidavit for my wife too. No issues.
-GK
Submitted affidavit for my wife too. No issues.
more...
Macaca
07-08 08:28 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!
http://www.slate.com/id/1008367/
Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!
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transpass
08-20 08:51 AM
Krithi: Can you please let me know how to go to Adv Parole side. Although we have had them but have never used them before. So I need to guide my wife towards this AP area.
So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.
Sorry with my fundamental questions but I have never used my APs till now.
Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.
Thanks a lot
Best Regards,
You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...
So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.
Sorry with my fundamental questions but I have never used my APs till now.
Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.
Thanks a lot
Best Regards,
You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...
more...
johnamit
08-20 12:12 PM
Mine is same case except I have no LUD changes so far and no activity either.
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Rohan99
02-01 03:43 PM
according to movie, India will be better place because we can make to the arks in Himalayas faster. From north America it will take longer time and we have to find Yuri to get ride. Astrophysicist Dr. Satnam Tsurutani, who discovered solar flare in India, was among the dead, he didn't make it to arks.
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2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
:D
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
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acpani
08-28 12:02 PM
I sent my 485 to NSC on JUL 2nd, my 140 approved TSC, no receipts . Does any body got receipts who applied on JUL nd...?
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paragpujara
01-06 07:43 PM
My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
more...
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kalyan
09-10 05:04 AM
Guys,
Though i can't do it, as i am in India after my Visa Denial, some group of people should adopt Gandhiri priniciples and do a fast unto death principile before the White House while others should support all the people who are fasting.
Otherwise, our talks will never get noticed.
India got 52Billion $ in Remittances . Most of them from US. No GC means more remittances.
Think collectively and do something big.
Though i can't do it, as i am in India after my Visa Denial, some group of people should adopt Gandhiri priniciples and do a fast unto death principile before the White House while others should support all the people who are fasting.
Otherwise, our talks will never get noticed.
India got 52Billion $ in Remittances . Most of them from US. No GC means more remittances.
Think collectively and do something big.
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cbpds
02-01 01:37 PM
If you were "scared to use the AC21", why not use it now, anyways ur ready to go back to India, what will u do with GC once u get it anyways?
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
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rangaswamy
07-06 05:18 PM
i think this walk should be postponed out to atleast a week or two away.
Firstly i live in Santa clara myself and i had no clue about this till now (less than 24 hours away)
If we organize this the right way you can get atleast a few hundreds of people.
Wait till July 10th, see if we get media coverage with the whole gandhigiri idea.
Organize this and publicize.. start email chains .. for example cisco/oracle etc have lots of H1bs.
hang placards with the number of years you have waited/you educational qualification/ SSN tax and other taxes paid...
make a single file.. and walk about 2 miles without any slogans.
get the media to cover this event appropriately.
Anand
Firstly i live in Santa clara myself and i had no clue about this till now (less than 24 hours away)
If we organize this the right way you can get atleast a few hundreds of people.
Wait till July 10th, see if we get media coverage with the whole gandhigiri idea.
Organize this and publicize.. start email chains .. for example cisco/oracle etc have lots of H1bs.
hang placards with the number of years you have waited/you educational qualification/ SSN tax and other taxes paid...
make a single file.. and walk about 2 miles without any slogans.
get the media to cover this event appropriately.
Anand
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sonia_sd
02-01 08:58 PM
If I am lucky enough I can make upto 70-80years of my age maximum, considering my age now, I might live another 30-35yrs. Just imagine what life we want, I completely agree what points you mentioned below. But you are forgetting the insidents we read in news media every day. I almost find atleast one incident where people are killed just for money........what if our fate is not good, and we encounter such situation???
So there is are many factors that effect our life on both sides of the globe !
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
So there is are many factors that effect our life on both sides of the globe !
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
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vbkris77
07-19 10:49 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician 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; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician 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; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
anilnag
05-02 03:55 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
Ask a few more to give me red... I will be happy to get more for saying what I said.
Ask a few more to give me red... I will be happy to get more for saying what I said.
ramaskar
10-03 06:08 PM
Got all 3 RNs for Dependent (wife) But Not Mine (primary). Any one in the same boat.
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