vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference 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 indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference 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 indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
wallpaper Friday, February 4, 2011
good idea
09-23 04:34 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...
GKBest
10-12 01:34 PM
Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....
2011 2010-2011 Miami Heat offensive
newuser
05-23 01:25 PM
Didn't have any problem. Select the answer that was asked above and it should work
Send emails..
Cornyns' website just goes into a loop on that validation question...how do i get past that?
Send emails..
Cornyns' website just goes into a loop on that validation question...how do i get past that?
more...
nousername
01-30 05:38 PM
Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]
ram_nara303
11-17 03:44 PM
Done for VA
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
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GCStatus
09-16 05:14 PM
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
There you go
we've gotta keep moving forward ....!
There you go
2010 Popular Science - February
techbuyer77
06-18 06:45 AM
me too
more...
Pagal
09-09 10:03 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
hair Join Date: Feb 2011
gc_kaavaali
04-20 10:32 AM
Hi,
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
more...
prakgc
12-18 03:03 PM
Dingundi,
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
hot 20 May 2011 - 2010/2011
makemygc
07-07 09:01 PM
---
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible so get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible so get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.
more...
house 2011 a few weeks ago.
gjoe
10-08 04:01 PM
Your post is a classic example to show how everybody will not understand the other person the same way.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
tattoo General location of the LROC
Prashant
07-02 10:13 PM
Hello folks,
This might be the right time for it, we sure will get media attention if lot of us participate.
Edited by Moderator:
"Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
[ first-name last-name ] - An employment based immigrant.
Just a thought
This might be the right time for it, we sure will get media attention if lot of us participate.
Edited by Moderator:
"Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
[ first-name last-name ] - An employment based immigrant.
Just a thought
more...
pictures Missing since Tuesday 1st
abhisam
02-02 04:18 PM
I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))
I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.
Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!
So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.
So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!
- abhisam
I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.
Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!
So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.
So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!
- abhisam
dresses followers in general.
tnite
11-21 09:20 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
more...
makeup Art Mon Feb 28 2011
gc_peshwa
02-09 01:11 AM
Bump up. I plan to donate later. Too tired right now after a long day!
girlfriend Snowy Owl middot; Blue-and-Yellow
vkxml
07-09 05:31 PM
http://www.eweek.com/article2/0,1895,2155487,00.asp
Nice article in eweek about july fiasco
Nice article in eweek about july fiasco
hairstyles with pink and lue!
mbawa2574
05-09 10:55 AM
How are you saying this? Under his watch large numbers of green cards were lost.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
At least Bush Administration was sympathetic to our cause. Everyone knows that this is a congressional fix but alteast Bush never came up with those anti-H1b policies to destabilize people in GC queue. Now these numbers have retrogressed in month of June when historically this has never happened. Obama is trying to woo people at the cost of Indian community.
Everyone knows Durban & how he has lately tried to screw Indian community and Obama is a good friend of Durban. Now Democrats are in majority , why have they not fought for your cause ? There was an idiot congressman in IV Dc rally who was talking about making all illegals legal from IV stage. So what else u can expect ?
Come out of Obama Dreams & fantasy world. Obama is not good for us. He is good for illegals and any immigrant who is aspiring a blue collar job. They don't want you & me taking white collar jobs. He is helping right-wing white supremacist agenda by aligning himself with people like Grassley & Durban.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
At least Bush Administration was sympathetic to our cause. Everyone knows that this is a congressional fix but alteast Bush never came up with those anti-H1b policies to destabilize people in GC queue. Now these numbers have retrogressed in month of June when historically this has never happened. Obama is trying to woo people at the cost of Indian community.
Everyone knows Durban & how he has lately tried to screw Indian community and Obama is a good friend of Durban. Now Democrats are in majority , why have they not fought for your cause ? There was an idiot congressman in IV Dc rally who was talking about making all illegals legal from IV stage. So what else u can expect ?
Come out of Obama Dreams & fantasy world. Obama is not good for us. He is good for illegals and any immigrant who is aspiring a blue collar job. They don't want you & me taking white collar jobs. He is helping right-wing white supremacist agenda by aligning himself with people like Grassley & Durban.
skd
07-10 05:36 PM
Any Rallies near Portland Area ?
mnkaushik
08-27 01:32 PM
..f(p)light still seems to be wheeling on the runway as compared to NSC's soaring high approvals. Any thoughts?:confused:
May be just may be because TSC approved a lot of cases for the current PD 2 years ago and have less cases than NSC.
May be just may be because TSC approved a lot of cases for the current PD 2 years ago and have less cases than NSC.
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