saimrathi
07-13 06:36 AM
Is this posted somewhere? Is there a link?
Just woke up to NPR morning news ... nice coverage on the July bulletin.
Just woke up to NPR morning news ... nice coverage on the July bulletin.
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chi_shark
07-10 12:01 PM
same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc... again: what is your true point? why do you suspect that this is difficult?
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
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bheemi
06-21 09:18 AM
I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.
Further request to IV core team to work on some thing different for relief for skilled workers
Further request to IV core team to work on some thing different for relief for skilled workers
more...
puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
dtekkedil
07-03 04:22 PM
Hi Everybody
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
Lets do it! July 10th is the delivery date.
Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).
We need the IV Core people to put links up on the main page... None of them seem to be awake right now!
For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
Lets do it! July 10th is the delivery date.
Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).
We need the IV Core people to put links up on the main page... None of them seem to be awake right now!
For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th
more...
apb
09-07 03:03 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
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mashu
08-15 03:47 PM
I am on the same boat as well.
I think that LUD recent changes with no receipts/no checks cahsed might reflect transfer to TSC.
Suggestion: for people who filed I140 in TSC and I485 in NSC- to register to USCIS website and keep track of LUD (as a transfer indication):confused:
BTW, talked to my lawyer, he does not think so but he does not any other opinion also:mad:
---------------
EB3
I140 approved by TSC on 6/15/2007
I4585 received by NSC on July 2, 11:34am
Last Update Date on I140 - 8/12/2007
No receipt, no check cashed
I think that LUD recent changes with no receipts/no checks cahsed might reflect transfer to TSC.
Suggestion: for people who filed I140 in TSC and I485 in NSC- to register to USCIS website and keep track of LUD (as a transfer indication):confused:
BTW, talked to my lawyer, he does not think so but he does not any other opinion also:mad:
---------------
EB3
I140 approved by TSC on 6/15/2007
I4585 received by NSC on July 2, 11:34am
Last Update Date on I140 - 8/12/2007
No receipt, no check cashed
more...
maine_gc
08-07 03:50 PM
My EAD ND is June 11th and waiting for the approval.
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sanju
10-09 03:37 PM
About giving GC based on age.
I am 55.
Any takers?Get behind me.
Sorry, we are closed now. Sanjeev_2004 decided that we should do it based on PD. So we are going to give out GCs based on Priority Dates only. We have already send out the communications about the decision to the Department of State, Department of Homeland Security and the White House for them to follow the order of this thread.
Andy, For haven sake please do not keep changing the rules of the game .... otherwise it gets very confusing. I request you please bear with us.
BTW, is it 55 minutes? hours? days? weeks? months?
I am 55.
Any takers?Get behind me.
Sorry, we are closed now. Sanjeev_2004 decided that we should do it based on PD. So we are going to give out GCs based on Priority Dates only. We have already send out the communications about the decision to the Department of State, Department of Homeland Security and the White House for them to follow the order of this thread.
Andy, For haven sake please do not keep changing the rules of the game .... otherwise it gets very confusing. I request you please bear with us.
BTW, is it 55 minutes? hours? days? weeks? months?
more...
desi3933
01-30 02:32 PM
......
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Vish
08-28 06:42 PM
My application reached NSC on 1st Aug.
Checks have not been cashed.
No Reciepts
EB2 from India
PD Oct 2003
Checks have not been cashed.
No Reciepts
EB2 from India
PD Oct 2003
more...
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GCEB2
09-03 01:33 PM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don’t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let’s wait and see
approved on 8-12-08
NoWelcome notice Or Card
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don’t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let’s wait and see
approved on 8-12-08
NoWelcome notice Or Card
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willwin
10-08 03:22 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
more...
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BharatPremi
12-16 06:26 PM
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
^
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
^
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ItIsNotFunny
03-25 04:19 PM
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
more...
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andy007
07-07 10:07 PM
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
:mad:
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
:mad:
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munnu77
05-02 11:19 AM
think it will mov in next bulletin
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blacktongue
11-18 07:28 AM
Leo,
Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.
The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.
Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.
Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.
Team IV
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.
The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.
Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.
Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.
Team IV
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
nishanttambe
02-14 07:21 PM
Contributed $50.
Receipt No: 4918-8142-6470-4625
Receipt No: 4918-8142-6470-4625
SunnySurya
08-29 01:51 PM
Yes, I do have an update. See my posting the Lawsuit thread.
Any update on your lawsuit?
Any update on your lawsuit?
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