stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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Aah_GC
04-25 10:30 AM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
May congratulations to you Googler and wish you have a great future ahead.
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
May congratulations to you Googler and wish you have a great future ahead.
sc3
10-17 01:44 PM
Question 18 should be helpful to your situation with RD.
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
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genius
11-21 08:51 PM
Guy..i am just too tired of waiting ...but will still keep working towards it...
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
more...
bheemi123
10-03 01:31 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
GCVivek
03-21 02:50 PM
Consultants end up being cheaper for companies. Much cheaper! No labor tax, no payroll tax, no health insurance (over $500), no any insurance, no contributions to 401K and many more expenses. Plus $12K and then what? You will leave the firm in 6 months. Plus you cannot say that ONLY they got their worth from your services. They paid you what you are worth too! Right?
Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.
Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.
more...
cbadari99
02-14 01:18 AM
1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany
In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss
3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable
4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants
5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector
6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs
7. Raiding Jewish business and making arrests on a number of charges
Arrests and charges against body shops have started on body shops.
More to follow
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany
In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss
3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable
4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants
5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector
6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs
7. Raiding Jewish business and making arrests on a number of charges
Arrests and charges against body shops have started on body shops.
More to follow
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psam
06-11 12:15 AM
This amendment treats foreign workers like slaves.
When we need you, we take you in. But when there are layoffs, you are supposed to pack your bags and leave? Even if you are the best performer in your group?
Layoffs happen at respectable companies like Microsoft as well. And Microsoft indeed has hired some of the brightest brains from all over the world. Why should families of these people take all the heat of layoff?
I wish that next Microsoft, Apple, Google happens outside of U.S.
When we need you, we take you in. But when there are layoffs, you are supposed to pack your bags and leave? Even if you are the best performer in your group?
Layoffs happen at respectable companies like Microsoft as well. And Microsoft indeed has hired some of the brightest brains from all over the world. Why should families of these people take all the heat of layoff?
I wish that next Microsoft, Apple, Google happens outside of U.S.
more...
vagish
04-02 03:22 PM
this is not the new trend, back in year 2000 to 2003 , when massive layoffs were going on , it has been prevelant since then. Also if this illegal , how about people who got laid off in those years and never went bak home sitting on bench for a year, if you start to fish around, you will find lots and lots of people
had trouble in maintaining their status in the past.
Fake resume is the fact which has been there for so many years, be it for masters or for just B.E graduates.
thanks
had trouble in maintaining their status in the past.
Fake resume is the fact which has been there for so many years, be it for masters or for just B.E graduates.
thanks
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pkak
07-09 10:50 PM
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
more...
noendinsight
10-26 10:24 AM
Eb3 India
PD- Jan 2004
PD- Jan 2004
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pappu
12-27 10:02 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
more...
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amitps
09-26 12:11 PM
Please send a thank you email to the reporter....
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
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logiclife
01-30 04:37 PM
I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
Its frustrating.
Yes. Many of the American companies, the fortune 500 companies would go without a qualified worker for months and months but would not hire H1B because they dont want to deal with keeping track of stuff and all the legal requirements and paperwork and dealing with USCIS and immigration lawyers.
But you have to start somewhere and gain experience and hope that you will have a project somewhere, where you prove to the client (potential employer) that you are a valuable resource, and then they would sponsor you for H1 and then you can quit your desi employer. That is the standard M.O. for most people who are looking for a start. However, in most cases, since desi employers are also the GC sponsors of the primary bread-winner of the family, that opportunity of working for a better employer is passed up by many employees.
Its frustrating.
Yes. Many of the American companies, the fortune 500 companies would go without a qualified worker for months and months but would not hire H1B because they dont want to deal with keeping track of stuff and all the legal requirements and paperwork and dealing with USCIS and immigration lawyers.
But you have to start somewhere and gain experience and hope that you will have a project somewhere, where you prove to the client (potential employer) that you are a valuable resource, and then they would sponsor you for H1 and then you can quit your desi employer. That is the standard M.O. for most people who are looking for a start. However, in most cases, since desi employers are also the GC sponsors of the primary bread-winner of the family, that opportunity of working for a better employer is passed up by many employees.
more...
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nk2006
09-11 12:11 PM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
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webm
02-27 09:51 PM
http://immigration-information.com/forums/showthread.php?t=4398
So, those who done their FP in July 2007 or afterwards will have their FP refreshed. So they don't need to go for FP once the previous FP expires. All those who did FP prior to July 2007 will have to go to ASC for FP .
Holy cow!! night mare..again FP process for prior July filers...:(
So, those who done their FP in July 2007 or afterwards will have their FP refreshed. So they don't need to go for FP once the previous FP expires. All those who did FP prior to July 2007 will have to go to ASC for FP .
Holy cow!! night mare..again FP process for prior July filers...:(
more...
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tcsonly
09-19 04:44 AM
Hi,
I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.
I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.
I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the members who were sponsered for the rally.
Thanks to all who made the rally a big success.
I do support in changing the organization name to "Legal Immigration Voice" immediately.
I will be writing more in the morning,
Chandra.
I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.
I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.
I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the members who were sponsered for the rally.
Thanks to all who made the rally a big success.
I do support in changing the organization name to "Legal Immigration Voice" immediately.
I will be writing more in the morning,
Chandra.
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Macaca
07-01 11:28 AM
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
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nogc_noproblem
09-26 01:49 PM
Sent the mail to Editor
mhathi
06-11 11:52 AM
Sent early this morning, then resent after Pappu's message.
kaisersose
08-09 03:25 PM
My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
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