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  • sidbee
    10-09 10:23 AM
    Sidbee, note that airline is not asking a higher fee. What others/everyone in this thread got was a price which was very low due to airline database problem.

    Airline asking a high fare is a different issue and not the issue mentioned here.

    Issue mentioned here is that airline gave a low fare because of there mistake and later they said it is there mistake, but pay the normal fare.

    And normal fare is obviously higher in December for all airlines..

    Rajesh

    By Law , Airlines need to honour the price they issue the ticket at (Ticket No and not the PNR).
    There are many cases in the past ,where airlines were forced to honour 0 $ tickets.





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  • soma
    01-14 11:18 AM
    I just saw an old article in immigration.com.......this is something which happened in 2002...can't it be repeated for this year? From what I've understood they did recapture the unused family visa numbers of the previous fiscal year and used the numbers for EB

    the link is as follows.....

    http://www.immigration.com/newsletter1/dosvisavail.html

    the article is as follows..............


    Projected Employment-Based Visa Availability - DOS

    A pool of approximately 130,000 additional Employment-based numbers was established by the provisions outlined in AC21. The department so far has used approximately 30,000 of those numbers, and the remaining 100,000 numbers can be used if/when the regular annual employment limit is reached. During FY-2002 there were approximately 25,000 unused Family numbers, and these numbers are added to the FY-2003 Employment limit. This means that for FY-2003 the Employment limit will be approximately 165,000, plus any numbers required from the remaining AC21 pool.

    Based on visa number use during the past two years the department expects the Employment-based categories to remain "Current" (with the possible exception of the Other Workers category) through at least the end of FY-2004. Changes in demand from the immigration and Naturalization Service could impact this estimate and require the AC21 "pool" to be used up earlier, resulting in some Employment categories becoming oversubscribed.


    VARIOUS DETERMINATIONS OF NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT


    DETERMINATION OF FAMILY PREFERENCE NUMERICAL LIMIT FOR FY-2002

    Terms of the Immigration and Nationality Act:

    INA 201(c) specifies that the worldwide level of family-sponsored preference immigrants for a fiscal year is equal to:

    480,000,
    minus the number of immigrants described in subparagraphs (A) and B) of INA 201(b)(2) who, in the previous fiscal year, were issued immigrant visas or who otherwise acquired lawful permanent resident status*,
    minus the number of aliens described in subparagraph INA 201(c)(4),plus employment preference immigrant numbers which were unused during the previous fiscal year.

    Under INA 201, however, the family-sponsored preference limitation for any fiscal year may not be less than 226,000.

    Immediate Relative Immigrant Totals for FY-2001:

    Immigrant visa workload reports received by the Department of State from consular posts worldwide show that during FY-2001 a total of 172,087 immediate relative (IR) visas were issued. This total is subject to a net reduction of 24, however, to take account of issued visas returned unused to consular offices and thus "recaptured" under INA 206.

    Figures on adjustments of status at local offices of the Immigration and Naturalization Service compiled and provided by INS Headquarters indicate that a total of 273,981 immigrants were granted lawful permanent residence at INS offices in the United States during FY-2001 in the categories for spouses, children and parents of U.S. citizens;

    this figure includes persons who acquired permanent residence after having been admitted in nonimmigrant "K" (fiance(e)) status. Another 6 children accompanying immediate relative parents were admitted under INA 211(a).

    * The immigrants described in these subparagraphs are 1) immediate relatives, i.e., spouses, children and parents of U.S. citizens, 2) children admitted under INA 211(a) on the basis of prior issuance of an immigrant visa to their accompanying parent who is such immediate relative, and 3) children born to a lawful permanent resident during a temporary visit abroad.

    INS admission figures record 929 children accorded permanent resident status after birth abroad to a permanent resident of the United States.

    -2-

    Employment Preference Number Use for FY-2001:

    The employment-based preference limit for FY-2001 was 192,074. (Visa Bulletin No. 36, Vol. VIII, dated August 3, 2001 provided information on FY-2001 limitations.) A total of 186,536 of these numbers were used for FY-2001 visa issuances or INS adjustments of status and, as required by INA 203(b)(6), an additional 30 were applied to special immigrants who were issued visas or adjusted status during FY-2000 under INA 101(a)(27)(K) [certain U.S. armed forces personnel]. Another 2 were charged for children admitted under INA 211(a) accompanying parents with employment preference visas. There were also 5 employment preference visas returned unused to consular offices; the numbers assigned to these issuances were thus "recaptured" under INA 206.

    Total unused numbers: 192,074 - (186,536 + 2) - 30 + 5 = 5,511.

    Calculation of FY-2002 Family-Sponsored Preference Limitation:

    Immediate relative visa issuances during FY-2001: 172,087
    (minus net total of "recaptured" FY-2001 IR visas: - 24)
    Immediate relative adjustments of status by INS: 273,981
    Children admitted after birth to immediate relative visa holders: 6
    Children admitted after birth abroad to lawful permanent residents: ___929
    Immediate Relative etc. Total: 446,979

    FY-2001 worldwide family-sponsored level figure: 480,000
    minus IR etc. total calculated above: -446,979
    minus aliens paroled into the United States under Section 212(d)(5) in the second preceding fiscal year(FY-2000): -

    n/a*
    plus unused FY-2001 employment pref. numbers: + _5,511
    Total: 38,532

    Since under the law the family-sponsored preference limitation for any fiscal year may not be less than 226,000, the limit for FY-2002 is fixed at:

    226,000





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  • reddy_h
    08-02 03:05 PM
    I am sorry but you will face deportation if you file AOS alongwith your spouse. If you are out of status for more than 6 months, you can apply AOS only if your spouse is a US citizen.





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  • BumbleBee
    09-13 03:18 PM
    Here is an article which talks about all the scenarios you have asked.

    http://www.h1base.com/page.asp?id=132

    Here is content if the link doesn't work.

    *********************************************
    If you are 'laid off' or 'benched' while you are on an H1B Visa ...what are your rights and options?


    A �benched� employee, is someone who is currently between work projects, and typically refers to someone who is sponsored/employed by a consulting firm/agency who then sub-contracts their services out to an 'end' client.


    In the eyes of the law, the consulting firm/agency is considered your employer. The company that you actually provide services to, is the 'end' client.
    i.e. it is the consulting firm/agency that petitioned the INS to grant you an H1B Visa.


    1) When a foreign national is benched because there is no immediate work available, you are still entitled to receive compensation.

    2)The employer is bound to pay the foreign national as attested on the labor condition application. The employer may NOT withhold payment claiming that the employee is not entitled to it because the employee did not work.

    3)Should the employer fail to pay the H-1B employee, the employer will be in violation of 'federal regulations' and will have to pay any monies owed in salary.
    Also, the employer risks incurring possible penalties for failure to comply with the employer requirements of H-1B sponsorship.


    4) When an H-1B employee takes time off from working for personal reasons (e.g. vacation / illness / leave of absence etc), generally, the employer does NOT have to compensate the employee for this temporary period of time.
    However, your employer will have to provide compensation if it was contractually agreed OR if they 'normally' do and normally make this available to its employees.


    5) Employers are also bound to pay their H-1B employees even when the employer experiences a temporary shut down in its operations.
    i.e. If the employer shuts down the company for a period of 10 days during the holiday season, it must continue to pay its H-1B employees during this period, even if the employer is not compensating the U.S. workers.




    If you have any issues regarding payment from your employer... You should contact your local Department of Labor (DOL)


    As discussed above, employers accept important responsibilities when choosing to sponsor a foreign national on a H-1B. Employers should be careful to be aware of the requirements imposed on them to ensure that they are in compliance. Doing so minimizes potential violations and ensures that the employer can continue participating in the H-1B program.



    QUESTIONS & ANSWERS
    Can I transfer my H1B to other company?
    To transfer your H1B, you need 'valid' employment in US. Also you have to prove that you have recent pay stubs (at least 60 days OLD) and last years w2 forms (if applicable).
    If you do NOT have recent pay stubs, then you may need to explain the reasons to the INS. (Unpaid vacation or long sick leave approval letters from your current employer may be considered).


    As per law, the petitions which were filed AFTER the last date of employment, are NOT eligible for change of status or change of employment because the applicant is out of status when he/she loses the job. The laid off H1B worker will be considered out of status even though he/she has a valid H1B visa in their passport or valid I-94 card.


    There is NO "Grace Period" permitted when an H1B employee changes his employer. The INS is proposing implementation of a rule permitting an H1B employee who no longer works for the original employer for some period of time to file an H1B after leaving the current employer. This time frame could possibly be up to 60 days. Many INS Service Centers are currently applying a 'reasonable period' of time standard, on a case-by-case basis, for favorable adjudication even though there is a gap between leaving an employer and filing a new H1B petition.


    How long can I stay here after being laid off?
    It is advisable to leave the country as soon as possible to avoid any potential legal issues. You can only be in the US only if you have a 'valid' visa and you are in 'status', or your VISA application with INS is in 'process'.


    The grace period is in dispute as to what is a 'reasonable' amount of time, but many say that 10 days grace period may be considered to leave the country after being laid off.


    I am still the employee of my company, but without pay, what is my status?
    As per law, you should get paid from day one of your US employment.
    You should not be in the US without a salary unless you are on unpaid vacation or sick leave. Your status is legal and valid, but if you are NOT able to find another employment quickly, it is advisable to leave the country.



    What are the other options?
    If you are �likely� to be laid off then you have the following options

    1. Find another H1B sponsoring company and file your H1B transfer

    2. If you have your spouse with valid status, change your status to dependent status

    3. You can change your status to F1. You need UNIV admission and you have to file for change of status application with INS.

    4. You can take an unpaid vacation and leave the country. Keep your H1B status valid for your current employer. Once the market is up, you can come with your existing valid VISA and work for the same employer.


    I am leaving the US. Can I come back with the same VISA and join another employer?
    No, your VISA is valid for the employer who sponsored your VISA. You cannot enter with this VISA and join another employer. (If you have applied for an H1B transfer and got the approval, then you can enter with your OLD VISA and H1B approval of the new employer) At the port of entry, INS may verify your records with your current employer. If they found any issues, they will deport you from the airport itself. Once you are deported, it is very difficult to get any US visa again.


    *********************************************

    BumbleBee



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  • dpp
    08-09 09:17 AM
    It is there buddy,

    (c) TEMPORARY WORKERS.--Section 214(g) (8 U.S.C. 1184(g)) is amended--
    + 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
    + [Cap Exempt: Advanced degree in science, technology, engineering, or math.'';]
    + If the numerical limitation in paragraph (1)(A)--
    + ``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
    + ``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.''.

    so it might help with Dems.





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  • admin
    02-03 02:05 PM
    Great point logic life. Now if only all the lawmakers could get this point.

    The US govt needn't even have to pay us the money. Even if the government raises the fees to $10,000 but makes this process very transparent and easy, I think most of us/our companies will be willing to pay it up.



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  • loveiv
    05-27 11:30 AM
    As far as relevance goes I have 2 things to say.

    1) Apparently this IS important to the immigrant commuity coz there are people in the same boat as me from the IV community.
    2) Some people might be looking to contribute to IV if they get their stimulus refund.

    I liked your comment #2.





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  • pappu
    01-07 07:17 PM
    http://immigrationvoice.org/

    Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
    Contact your chapter leaders for various state chapter action items.



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  • singhv_1980
    01-19 08:32 PM
    I am planning to go for my first H1 stamping in March. But this whole PIMS has taken me by surprise and honestly have kind of screwed my whole plan.

    Is their anyway we can check if our H1B information is already in the PIMS prior going for an interview?





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  • gk_2000
    01-04 11:38 PM
    Beyond any wildest wet dream I can have.. congrats!



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  • rbashir
    10-09 12:02 PM
    http://chennai.usconsulate.gov/work_visas_h_l.html

    Scroll down to the bottom of the page to see what Chennai Consulate lists as the required documents for H4 and dependents. It does say that H4 visa petitioner should have copies of all 36 pages of H1b holder. How ever it doesnt say whether it should have a valid visa for H1b holder or not. As your I 797 will have your wife's name on it, she should be able to get through the interview. I mean she shouldnt be held for that reason. I checked Islamabad website but it doesnt have any reqd doc list. How ever send an email to them
    on the webpage listed. My emails to chennai consulate were returned promptly.

    http://islamabad.usembassy.gov/pakistan/niv_non_immigrant_visa_faqs.html

    Calling National visa center might give you more info too.

    What does your lawyer say?

    Thanks Nixstor for your prompt response, my initial userstanding about the visa stamping is the same as you have just explained. I will definitly write and email to the Isb consulate to get more information. My lawyer always uses the devil's lawyer approach and he always showed me bad side of the picture and in this case too he told me the bad side,so I got a liitle worried about it, for this reason I am asking this question in the forums here to get the first hand knowledge from any body with the similar situation and experience. Also can you please guide me how to get to natioanal visa centers, I have never heard of them before.

    Thanks





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  • wandmaker
    01-11 11:46 AM
    Wandmaker, while going to canada nobody collects the I94s. I have travelled many times in the past and never had the I94 taken. Once I sent I94s to kentucky for correction of departure records. That is why I raised this question; whether older ones need to be sent to kentucky or could it just be dropped off at the airport while leaving?

    Make a copy, staples all I-94 together and return it in the airport since you are leaving shortly.



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  • like_watching_paint_dry
    08-11 05:59 PM
    brother any idea when mid-2003 will be current for India EB3..


    keep waiting.. after all the illegals have received their green cards, your turn will come. chances are that you may live to see the day :)





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  • SGP
    11-23 08:58 PM
    Pls don't feel offended. I just too frustrated seeing the reactions amdresponzes from law makers, senators& congressmen.



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  • GreenLantern
    02-16 10:30 PM
    I voted for morse. I think it is by far the best. It's simple, it's easy to use, and it makes sense.

    Nice job. :thumb:





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  • sroyc
    08-01 04:00 PM
    I followed a fair bit of yesterday's proceedings. Representative Steve King (he's not a Senator and he doesn't have my respect) did not come across as someone who is not knowledgeable about immigration. All he cared about was limiting the total immigration numbers. His main point was that there should be no increase in numbers in any category without a corresponding decrease in another category. Some of the amendments that he offered were - get rid of the sibling category in exchange for the recaptured visas or get rid of the diversity category, get rid of the recapture for the FB category, etc. His amendments towards the end were simply ridiculous.

    He didn't have a lot of support from his own party members. If you want to reach out to him that's fine but I don't think that'll change things one bit.

    We saw yesterday that Respected Sen King continious oppstion to this bill.I would like to think that certain groups have fed him with bad data and misdirected the Senator.If you present a person with constant one sisded agenda and even a reasonable person will get carried away by this..so we need to write to him about our status and high light that we law abiding and tax paying , decent and productive citizens..

    Its fair that people opposing hear the many sides of the issue before they decide. We need to write to and call the fence sitters and even the one's opposing..:)



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  • indyanguy
    06-18 09:35 AM
    Oh God.. save all the 140-NSC-EB3 filers !! (including me :mad: )





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  • nixstor
    06-13 11:49 AM
    Are you guys sure that you can make deductions for home loan interest paid for homes outside the US? AFAIK, thats not allowed. For home loan interest paid in the US, you get a form from your mortgage lender/bank. You don't get any such form recognized by IRS for interest paid in India or else where.

    Why would US want to give you deductions for your investments/home some where else? I will be really amazed to find out that the US allows deductions for interest paid on home loans outside of US.

    ras,

    Call the IRS 1-800-829-1040 and get it right.





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  • hearthorbeguy
    01-13 08:16 PM
    Anyone with this experience at Delhi?





    tcsonly
    08-15 08:23 AM
    If you want to H4 means that you're not working i.e., not using EAD.

    Has your spouse ever used his EAD for work ?





    sandiboy
    07-17 07:52 PM
    Relax...i Think checks have not been cleared for guys filed in Jul 20th & above...So i think it will be atleast 4 weeks for us i guess..



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