eb2dec2005
09-15 01:18 PM
First step - Gather information and strengthen the support. Once we reach a ballpark, arrange meetings, conference calls
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
wallpaper homemade goldfish crackers
snathan
02-09 08:19 PM
Its only $649...at least let us cross $1000 today.
Come on guys.
Come on guys.
krishuscis
07-09 08:55 PM
my 2cents suggestion...
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
2011 Whole Wheat Goldfish Crackers
munnu77
04-23 05:08 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
more...
kysrek
06-14 03:31 PM
My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
reddymjm
05-02 03:54 PM
will be in 2007 for sure.
more...
kss
07-20 09:08 AM
I pledge $200 for this noble cause.
2010 Free “Goldfish” Crackers
pathmaker
11-21 09:23 AM
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
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
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
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
more...
jkays94
06-26 02:09 PM
Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
>>1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?[/QUOTE]
To the best of my recollection, thousands of persons from Mexico are very much in line and suffer from retrogression just like everyone else. Please refer to any visa bulletin for details.
>>1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?[/QUOTE]
To the best of my recollection, thousands of persons from Mexico are very much in line and suffer from retrogression just like everyone else. Please refer to any visa bulletin for details.
hair Goldfish crackers Weird Kid
asdcrajnet
02-02 10:16 AM
All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
My son Has the PIO card. The rule is we have to register with "Foreigner Registration Office" if he stays for more than 6 months. So I got to do that only once. I think there is some procedure when he turns 18. My son will be studying in a Private school. The fees are the same.
We got to be a Roman in Rome. If we have to bribe a little to get things done, I will do it. I am not there to change India. But I would really try to implement something what I learnt in US. I would never throw garbage in the streets(Preach others not to do it). Be kind to all people.
I lived in India for 23 years and in US for 11 years. I am used to both systems. I love the freedom of expression in US. Other than that I like the Parks and Nature in US. In India it is only reserved for the rich. Other than that both are fine with me. One big advantage in India is the extended family. I love lot of people.
I personally believe I can do more philanthropic deeds in India, because in US I have no time and it is hard for me to learn the system and help someone. Somehow. I cannot connect with the people over here(Its just me). All I do here is if something catastrophic happens, I go to Red cross website and donate some. I don't get the satisfaction in just donating the money. I will be happy if I could participate in changing the lives of a few.
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
My son Has the PIO card. The rule is we have to register with "Foreigner Registration Office" if he stays for more than 6 months. So I got to do that only once. I think there is some procedure when he turns 18. My son will be studying in a Private school. The fees are the same.
We got to be a Roman in Rome. If we have to bribe a little to get things done, I will do it. I am not there to change India. But I would really try to implement something what I learnt in US. I would never throw garbage in the streets(Preach others not to do it). Be kind to all people.
I lived in India for 23 years and in US for 11 years. I am used to both systems. I love the freedom of expression in US. Other than that I like the Parks and Nature in US. In India it is only reserved for the rich. Other than that both are fine with me. One big advantage in India is the extended family. I love lot of people.
I personally believe I can do more philanthropic deeds in India, because in US I have no time and it is hard for me to learn the system and help someone. Somehow. I cannot connect with the people over here(Its just me). All I do here is if something catastrophic happens, I go to Red cross website and donate some. I don't get the satisfaction in just donating the money. I will be happy if I could participate in changing the lives of a few.
more...
indyanguy
09-30 12:33 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
hot goldfish crackers ingredients.
hcard
08-22 05:36 PM
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
more...
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apahilaj
11-06 01:57 PM
was your case transferd from NSC -> TSC ???
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
tattoo Goldfish Crackers
vbkris77
05-01 12:56 PM
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
more...
pictures hair Goldfish Crackers Baked
babu123
07-02 08:43 AM
Jul 2, 2007 7:27 AM
At local FedEx facility
LINCOLN, NE
At local FedEx facility
LINCOLN, NE
dresses About 100 1 1/4 inch goldfish
amitjoey
11-18 01:38 PM
In addition to completing the action item, set up an appointment with my Congressman for the week after next to push for this provision.
As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.
You are absolutely right!. Thanks for taking the initiative to talk to your congressman.
As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.
You are absolutely right!. Thanks for taking the initiative to talk to your congressman.
more...
makeup /Goldfish-Cracker-Anatomy.
h1techSlave
11-17 03:50 PM
sent
girlfriend Goldfish crackers.
dskhabra
09-23 07:51 PM
I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...
hairstyles goldfish_cracker.jpg
PDOCT05
10-12 05:35 PM
I am july 3rd filer and Just got the receipt numbers..Looks like our box is not lost and interestingly my numbers start with LIN even though my 140 processed from SRC.
lost_in_migration
05-01 04:36 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , 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 245 , 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 101(a)(15)(J) ), 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) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , 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) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) 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 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(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 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , 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 245 , 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 101(a)(15)(J) ), 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) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , 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) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) 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 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(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 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
royus77
07-07 08:50 AM
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
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