lazycis
12-14 08:15 AM
There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title 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, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver 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) Physicians working in shortage areas or veterans facilities
(I) In general 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.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title 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, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver 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) Physicians working in shortage areas or veterans facilities
(I) In general 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.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
wallpaper T-Shirt Quotes, Funny Tshirt
gcwanter
03-02 01:16 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
who pays for GC nowadays? people are paying for their own H1B's. count urself lucky if your company is paying for you. most of the cases we are paying and being treated like BS from both lawyer and company in GC matter
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
who pays for GC nowadays? people are paying for their own H1B's. count urself lucky if your company is paying for you. most of the cases we are paying and being treated like BS from both lawyer and company in GC matter
namm80
01-04 04:09 PM
Mine is also same case... I got my FP notice for Jan 9 2008.
Kishore.salla:
Did you open SR for your FP? Also, which center/state is your FP scheduled in?
Please let us know. I think some Xfr cases are now seeing FP notices, but not sure if they mean anything becuase, bay area, CA FP centers seem to be backlogged more than anywhere else.
Thanks!
Kishore.salla:
Did you open SR for your FP? Also, which center/state is your FP scheduled in?
Please let us know. I think some Xfr cases are now seeing FP notices, but not sure if they mean anything becuase, bay area, CA FP centers seem to be backlogged more than anywhere else.
Thanks!
2011 But the most popular t shirts
pandu_hawaldar
05-12 10:26 AM
no offense, but with all these trend and analysis we do, there is one more trend I am seeing and that is no analysis or prediction works! if date moves forward for any category that will be temporary, again it will fall back for a year or two in next cycle. IMHO.
more...
Scythe
03-31 03:20 PM
Mwa ha ha. 3 way tie, and I haven't voted yet. Who wants to bribe me?
BEC_fog
05-24 12:56 PM
webfax no 15...illinois
more...
kak1978
06-16 01:34 PM
Try one of your local banks, and a walk in might help get answers while you are there. Recently a friend got a good rate from a local bank.
2010 funny quotes on t shirts.
meg_z
09-19 10:00 AM
My H1 B expires this December. My lawyer has filed for extension. Looks like I will get my extension approved only in Jan. He mentioned that I can work on a pending H1-B extension for 240 days. Is this true? Also can I get my DL renewed using the H1-B receipt notice? Gurus please advise.
You may want to go to your DMV and inquire. You may want to switch to premium processing at the end of Nov. if at that time it is still not approved, if you have to drive to work.
You may want to go to your DMV and inquire. You may want to switch to premium processing at the end of Nov. if at that time it is still not approved, if you have to drive to work.
more...
sai
05-26 07:18 AM
when is "House-Senate Conference Committee " scheduled ?
hair Short Funny Quotes T-Shirts,
ganguteli
06-25 12:49 PM
IMHO, this is a legitimate website as I have been getting updates from them regularly and they are a supporting group for illegal immigrants path to legalization. As per the email I received today, anti-immigrants have sent 693,437 faxes to Washington this month to oppose reform.
See they took your personal information and now spamming you. How are you sure they wll not share your personal information with anyone?
See they took your personal information and now spamming you. How are you sure they wll not share your personal information with anyone?
more...
kiran_k02
03-22 09:38 PM
Hello,
Yes, as my PD is Feb 2005, this implies that the case has been pre-adjudicated as of now pending new finger prints.
My case was originally at NSC, was then send to MSC (National Benefits Center) and then was sent to local USCIS office in San Francisco where I went for an interview and then had this request for documents. The processing dates for San Francisco field office as of now for I-485 are Aug 1, 2008. So, I'm assuming that they have cleared all the cases that reached them by 31 July 2008 and that NSC sent my case file to them by 31st July 2008.
The IO who interviewed me was different than the one who has worked on my case since.
Yes, thanks for the wishes...but in this process, nothing is certain till the physical receipt of the cards, right? :)
PS: As far as I know, fingerprints and medical records are the two documents that may expire...apart from the applicant! ;)
Good reminder to all of us, which we keep forgetting (about our own expiry) :).
Anyway, I would suggest to cut short your trip if possible and finish this pending work ASAP.
In any case, my wishes are with you, even though you are cutting the line :).
Yes, as my PD is Feb 2005, this implies that the case has been pre-adjudicated as of now pending new finger prints.
My case was originally at NSC, was then send to MSC (National Benefits Center) and then was sent to local USCIS office in San Francisco where I went for an interview and then had this request for documents. The processing dates for San Francisco field office as of now for I-485 are Aug 1, 2008. So, I'm assuming that they have cleared all the cases that reached them by 31 July 2008 and that NSC sent my case file to them by 31st July 2008.
The IO who interviewed me was different than the one who has worked on my case since.
Yes, thanks for the wishes...but in this process, nothing is certain till the physical receipt of the cards, right? :)
PS: As far as I know, fingerprints and medical records are the two documents that may expire...apart from the applicant! ;)
Good reminder to all of us, which we keep forgetting (about our own expiry) :).
Anyway, I would suggest to cut short your trip if possible and finish this pending work ASAP.
In any case, my wishes are with you, even though you are cutting the line :).
hot funny quotes on girls t-shirts
new2gc
03-31 03:00 PM
Done...
more...
house Suggested gt; T-Shirt quotes
gcwanter
03-02 03:13 PM
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
do you know where i can find the exact text to make this certain?
or is there any?
do you know where i can find the exact text to make this certain?
or is there any?
tattoo Funny Fathers Day Quotes:
twinbrothers
07-11 05:22 PM
Yes you can claim them as dependants. I have done this in the past. All you have to do is file the ITIN application with your Federal Tax Return.
more...
pictures funny quotes on girls t-shirts
slns
04-11 10:43 PM
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
dresses movie quotes funny t shirt
aadimanav
08-23 06:35 PM
What is Code 3 and Code 1 ? My Notice says Code 3
more...
makeup t shirt quotes for boys. funny
crazyAbtUS
11-28 01:09 PM
Hi guys
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
girlfriend funny quotes on girls t-shirts
bugsbunny
05-05 12:43 PM
BB: Mind pointing out what exactly is suspicious about me or my question?
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
the suspicious part was the "utter rascals"
lol u asked the question...i was politely restating it for others
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
the suspicious part was the "utter rascals"
lol u asked the question...i was politely restating it for others
hairstyles T Shirt Quotes Funny Tshirt
lvaka
05-05 03:40 PM
Can anyone please help me with the EFile of EAD. I am applying for my first renewal.
1. Question: Have u ever applied for EAD? if Yes, Date for application:
Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?
2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?
3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?
4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..
I would appreciate if anyone can help me with this info.
Thanks,
1. Question: Have u ever applied for EAD? if Yes, Date for application:
Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?
2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?
3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?
4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..
I would appreciate if anyone can help me with this info.
Thanks,
bidhanc
08-04 12:53 PM
I had similar question some time back (minimum and max salary alowable).
As far as I recall he told me to stay within 65K to 120K.
Best to consult with lawyer.
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
As far as I recall he told me to stay within 65K to 120K.
Best to consult with lawyer.
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
wandmaker
05-31 01:10 PM
but the point is how much of micromanagement can u do on a "free" forum!
Abusive language of any kind is not acceptable - no matter how good you were. Going forward, please refrain from using 'such languages'
Abusive language of any kind is not acceptable - no matter how good you were. Going forward, please refrain from using 'such languages'
