Macaca
12-10 10:06 AM
I am doing the following even if there are 0 takers.
Educate lawmakers about retorgression.
Prioritize interim options based on controversial factor. Some forum posts have good ideas.
Start right now. I don't know how to enjoy holidays without any hope.
I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the
process and platform (senate/congress) on which retrogression will be addressed.
process and platform on which interim measure can be introduced.
effect of each interim measure.
Educate lawmakers about retorgression.
Prioritize interim options based on controversial factor. Some forum posts have good ideas.
Start right now. I don't know how to enjoy holidays without any hope.
I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the
process and platform (senate/congress) on which retrogression will be addressed.
process and platform on which interim measure can be introduced.
effect of each interim measure.
wallpaper andy murray queens trophy.
mhtanim
04-25 06:10 PM
Finally received my FP notice today after 7 months. FP appointment on 5/12.
Did you make service requests for FP?
Did you make service requests for FP?
madhu345
07-20 07:06 AM
Extra 100$ in addition to recurring contribution.
-Madhu
-Madhu
2011 Andy Murray Queens Club Trophy
desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
more...
fetch_gc
11-21 08:30 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
HI MEHUL,
Very sorry to hear about your situation.
I have done some research and the closest thing that I came across is as below: BUT PLEASE NOTE THAT IT IS FOR a NON-CITIZEN applying for AOS based on getting married to US CITIZEN. I think there should be some sort of WAIVER for non-immigrant derivatives category as well.
"
Waiver of joint petition requirement: If the marriage has terminated by reason of divorce, death of citizen spouse, or spousal abuse, the non-citizen spouse may apply for a waiver of the joint petition requirement.
"
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
HI MEHUL,
Very sorry to hear about your situation.
I have done some research and the closest thing that I came across is as below: BUT PLEASE NOTE THAT IT IS FOR a NON-CITIZEN applying for AOS based on getting married to US CITIZEN. I think there should be some sort of WAIVER for non-immigrant derivatives category as well.
"
Waiver of joint petition requirement: If the marriage has terminated by reason of divorce, death of citizen spouse, or spousal abuse, the non-citizen spouse may apply for a waiver of the joint petition requirement.
"
rbharol
10-17 01:49 AM
IV
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
more...
bombay
02-05 02:19 PM
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
2010 Wimbledon 2009: Andy
gc_on_demand
11-17 03:58 PM
Done
more...
ramus
07-07 09:27 PM
I am sure we will get more member in DC. We can take a poll and see how many wants to join in DC. IF poll turns out to be large then we can plan.
We will only come to this forum. We are 100 guys ready in DC.
We will only come to this forum. We are 100 guys ready in DC.
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Tito_ortiz
05-24 01:21 AM
Vijjus, this is coming from a veteran:
There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.
Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.
At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.
Thanks,
Tito Ortiz
,
(disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)
I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?
I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.
Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?
There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.
Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.
At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.
Thanks,
Tito Ortiz
,
(disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)
I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?
I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.
Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?
more...
gc28262
06-28 01:04 PM
Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.
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smuggymba
11-17 06:38 PM
Done.
more...
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GC08
05-06 06:24 PM
I think we should be careful about what we (Employment based immigrats, esp. those who are stuck in backlogs) support. I definitely do not support any reform that does not give us priority or does not eliminate employment based immigration backlogs.
I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
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srikondoji
06-20 06:36 AM
Good that we did not put all our eggs in one basket.
Can anybody enlighten our forum about what our approach will be in case CIR dies?
Can anybody enlighten our forum about what our approach will be in case CIR dies?
more...
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ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
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gc_check
07-02 09:01 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
more...
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24fps
03-08 11:27 AM
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
girlfriend Andy Murray joins strong
rahulpaper
09-03 05:35 PM
Applied june 26th and received CPO email today.
How many days do you think will i get the card in hand?
How many days do you think will i get the card in hand?
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acepb
08-28 01:56 AM
filed aug 3 2008 card ordered aug 26 2008
desi3933
07-09 12:24 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
shana04
07-20 01:03 PM
Some one please update the excel sheet.
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