a_yaja
03-15 12:07 PM
This topic seems to be gray for H1B holders. What is allowed and what is not.
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.
All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.
All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?
gantilk
04-28 09:44 AM
when you say new fees, i assuem it is $340 . Correct ??
dhesha
08-29 02:46 PM
So if the date is July 2, what does it mean? Does it mean they are processing cases that are received on July 2 or those who have Notice date of July 2?
Is July 2 included or excluded?
Is July 2 included or excluded?
vin13
01-15 03:40 PM
I agree.
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
more...
looneytunezez
03-12 05:03 PM
Congrats...... :)
nashim
04-07 02:35 PM
gcisadawg,
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
more...
acecupid
08-21 05:45 PM
My checks were cashed on Aug 20th for RD of Jul 16th :)
psaxena
02-04 06:53 PM
Does anyone know any event management website like evite.com, where I can create and send the invite link so that everyone who wants to attend can come and enter the information.
Thanks
Thanks
more...
HopeSprings
02-14 12:25 AM
The voice of legal immigrants.
puja101
07-11 01:24 PM
I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
more...
Blog Feeds
12-18 09:50 AM
AILA Leadership Has Just Posted the Following:
Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:
D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
- If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."
- Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.
Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- 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.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop.
Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to
apply: China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which
are subject to fluctuations in demand during the coming months. The actual
future cut-off dates cannot be guaranteed, and it is possible that some annual
limits could be reached prior to the end of the fiscal year.
So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)
Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:
D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
- If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."
- Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.
Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- 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.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop.
Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to
apply: China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which
are subject to fluctuations in demand during the coming months. The actual
future cut-off dates cannot be guaranteed, and it is possible that some annual
limits could be reached prior to the end of the fiscal year.
So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)
rajarao
07-30 01:10 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
more...
GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
jsb
05-10 10:25 PM
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
more...
jonty_11
08-10 05:25 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
gc_75
07-17 07:45 PM
I think if they did not get the interview already, they will need to wait until the dates become current again. If they have interview scheduled in July, they can go a head and attend the interview and get the GC.
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
more...
ras
01-18 02:48 PM
Why not other chapter follow this kind of a small event to bump up the letter numbers???
styrum
03-14 03:17 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
SEP03NY
08-15 02:57 PM
one of my friend file I485 on 30th July, he got receipt notice. They
have mention received on 2nd July.
have mention received on 2nd July.
sgorla
02-23 01:54 PM
Thats right. It all depends on the state that H4 visa holder lives and intends to go to school; for instance State of Nevada does not allow H4 Visa holder to get in-state tution fee, however State of Ohio does allow in-state tution fee for H visa holders (includes H1 and H4).
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
Wish_Good
10-14 03:04 PM
Hi All,
Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.
Looking into the present situation. Senior's
please give your valuable advice.
Thanks,
Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.
Looking into the present situation. Senior's
please give your valuable advice.
Thanks,
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